Delhi HC Agrees To Extend Interim Bail of Prisoners Released To Decongest Prisons For 30 More Days [Read Order]

The Division Bench of Justice Siddharth Mridul and Justice Talwant Singh extended such interim bail after taking into consideration the recommendation of the High Powered Committee set to decongest prisons in light of COVID19.

Earlier, the Special Bench of the Delhi High Court had ended the blanket order on extension of COVID bails and had asked all the prisoners to surrender in a phased manner. However, this decision was later stayed by the Supreme Court in a petition moved by the National Prisons Research Forum.

The High Powered Committee in its recently concluded meeting had recommended that:

''Members of the Committee have considered that as on date against this capacity, there already are 15887 inmates. Even if the additional accommodation of 1800 inmates in the newly created 'temporary jail' is taken into consideration, it would be highly inconvenient for the jail authorities to accommodate UTPs/convicts released on 'interim bail/emergency parole' under the criteria laid down by this Committee, alongside those who would be surrendering in terms of orders dated 20.10.2020 passed by Full Bench of Hon'ble Delhi High Court.'

Both the Delhi Government and the Director General (Prisons), showed no objection to extension of such set of bail for 30 more days.

In light of these facts, the court held:

'Accordingly, it is ordered that the interim bails for a period of 45 days granted to 3337 UTPs, in view of the recommendations of HPC dated 28.03.2020, 07.04.2020, 18.04.2020, 05.05.2020, 18.05.2020, 20.06.2020, 31.07.2020, 30.08.2020 and 24.10.2020 and on the basis of the orders in Shobha Gupta & Ors. (supra), are hereby extended for a further period of 30 days from the date of their respective expiry, on the same terms and conditions.'

Additionally, the DG (Prisons) is directed to ensure that this order is conveyed to all the 3337 UTPs by telephone, as well as, through all other available modes.

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