No Further Extension Of Interim Orders In Civil Cases, Interim Bails Granted To Undertrials In Heinous Crimes: Delhi High Court [Read Order]

The decision was taken by a Bench of Chief Justice DN Patel, Justice Siddharth Mridul and Justice Talwant Singh, in the suo moto case In Re Extension of interim orders.

The Court observed that whereas extension of interim bails and interim stay orders was necessary in view of restrictive functioning of the Courts due to complete lockdown, it said,

"but now the situation has changed and all Courts at High Court and District Court level are functioning through physical mode/VC mode and since there is no spread of Covid-19 in the jails and out of about 16,000 prisoners only 3 are infected and they have been segregated and are admitted in hospital, we deem it proper to modify our order dated 25th March, 2020 which was lastly extended on 24th August, 2020."

The High Court has ordered:

• For 2318 undertrials involved in heinous crimes, who were granted interim bail by the District Courts, there shall be no further extension of interim bails under the orders of this Court. (Schedule for surrender in phased manner has been prescribed)
• For 356 prisoners granted interim bail by the High Court, they shall surrender before the concerned jail superintendent(s) on 13th November, 2020.

However, they shall be at liberty to move the respective Courts for extension of their interim bails and the concerned courts shall consider the said applications on its own merits.

As far as interim orders passed in the civil matters are concerned, the High Court has decided that "all such interim orders shall cease to have effect on the next date of hearing in the said matters."

However, the parties in the said matters are at liberty to move the concerned courts for extension of the interim orders, which shall be decided on merits.

Further, the High Court has requested the High Power Committee to take a decision in respect of 2,907 prisoners who were released on interim bails based on the Committee's recommendations. The decision has to be taken within ten days.

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