Can’t get bail from Corona for fear of death
The Supreme Court has stayed the Allahabad High Court order, in which the High Court said that if a criminal is facing coronavirus and fear of death from it, then he is given anticipatory bail. (Anticipatory Bail) can be given. The UP government had filed a petition in the Supreme Court against this order of the High Court, on which hearing, the Supreme Court said on Tuesday that no person should be granted anticipatory bail due to fear of death from Corona upon sending him to jail. It is necessary to consider the nature and severity of the crime.
The Supreme Court said that the decision on anticipatory bail should be made on the basis of the seriousness of the case and not on the basis of fear of death due to corona infection. The court said that this order of the High Court cannot be used as an example on behalf of other courts. In fact, last week the Allahabad High Court had said in one of its orders that due to high number of prisoners in jails and increase in cases of infection, inmates can be given anticipatory bail. The UP government had filed a petition in the Supreme Court against this decision of the High Court.
Supreme Court bans High Court’s comment
The Supreme Court has stayed the remarks made in the order of the High Court, although the bail granted to the accused by the High Court has not been stayed. While hearing the case, a bench of Justices Vineet Saran and BR Gavai said, “The UP government is troubled by the High Court’s comments. This is a one-sided comment that all people should be given anticipatory bail, so we will issue notice on it, but are not staying the stay. Permission was granted to release him on bail till 2022, after which the debate on anticipatory bail started.
The High Court made this comment in its order
In its order, the High Court had said that in view of the rise in Corona cases, in view of the overcrowding in jails, anticipatory death can be granted on the basis of anticipatory death. The High Court said that at such a time, sending an accused to jail can be risky for his life. Apart from this, there can also be a danger for policemen, jail staff and others. In such a case, the accused can be given anticipatory bail for a certain period ‘.
The High Court had mentioned an order of the Supreme Court
For this, the High Court in its judgment had also referred to an order of the Supreme Court which said that ‘India’s jails are full, so keeping the health and life of the prisoners and policemen in mind, the crowd in the jails Needs to be reduced, for which such a decision should be taken ‘. A Supreme Court bench headed by Chief Justice NV Ramana ordered the release of prisoners who were granted bail or parole last year. However, this decision was taken keeping in mind the nature and severity of the crimes of those prisoners.
It is necessary for the accused to stay alive for trial: High Court
Referring to the same verdict, the Allahabad High Court had said that ‘we cannot deny that the trial of the accused will be allowed only when they are alive. Keeping them in jail even during the epidemic will increase the possibility that those accused will die before the trial begins. It is to be known that 4000 new cases of corona infection have been registered in Uttar Pradesh on Tuesday morning, as well as the number of active cases has increased to around 77,000.