No Further Extension Of Interim Bails By District Courts, Closes Suo Moto Extension Of Interim Orders Plea: Delhi High Court

The Delhi High Court has disposed of its plea concerning the suo moto petition registered on the extension of interim orders in all matters pending before it and subordinate Courts including interim bails. 

Modifying it's order dated 20th April, 2021, a full bench comprising of Justice Vipin Sanghi, Justice Rekha Palli and Justice Talwant Singh directed that the interim bails granted by the district courts shall not be further extended under the orders of the High Court. 

The bench also directed that in order to facilitate their surrender before jail authorities and to avoid any inconvenience being caused to the jail authorities during surrender of a large number of undertrials, the surrender shall take place in a phased manner. 

"The above 793 prisoners are at liberty to move the respective courts for extension of their interim bails and the concerned courts shall consider the said applications for extension of interim bails on its own merits and take a decision accordingly, without being influenced by any order passed by this Court in the past," the Court added. 

In respect of the 3828 prisoners granted bail on the recommendation of High-Powered Committee of the High Court, the bench directed they will be governed by the orders passed by the Supreme Court.

The bench also clarified that the prisoners who were granted interim bails by High Court shall surrender before the concerned jail superintendents on 20th November.

"However, as stated above, all these prisoners are at liberty to move applications for extension of their interim bails before the concerned benches of this Court, if so advised, and their applications will be considered on merit without being influenced by any order passed by this Full Bench," the Bench added. 

Direction has also been issued to the jail authorities to make appropriate arrangements for ensuring surrender of the prisoners by taking all required steps in view of the guidelines issued by the Government Authorities to contain the spread of Covid-19.

"This order shall also apply to all other undertrials, who were granted interim bail during pendency of this petition by this Court or any Court subordinate to it. However, this order shall not apply to any undertrial, who has been granted interim bail by Hon'ble Supreme Court of India, or on the basis of the recommendations of the High Powered Committee," the Court said. 

Accordingly the plea was disposed of. 

Case Title: COURT ON ITS OWN MOTION v. STATE (GOVT. OF NCT OF DELHI)

Click Here To Read Order