On October 20, 2020, Delhi High Court delivered an order regarding interim bail of undertrials and prisoners which rejected the extension of any such further order. Amid COVID-19 there was a nationwide lockdown declared by the government of India. Since the lockdown was extended from time to time by the government with few relaxations granted and therefore, the restrictive functioning of the Courts continued.
The application under Section 151 of the Code of Civil Procedure sought modification in the orders as interim bail granted on the humanitarian ground to undertrials in riot cases would be extended from time to time. In response to this, a Status Report was reported on October 15, 2020, which comprised of several prisoners suffering from COVID-19, several prisoners involved in heinous crime who were granted interim bail, many prisoners who were involved in minor crimes granted interim bail, and the number of prisoners who were granted interim bail.
Mr. Rahul Mehra has submitted that pandemic is still prevailing and earlier orders granted by this court need not be modified. The order passed by the Honorable Supreme Court today gave a stay on
- the order of surrender which was granted by the court in a phased manner.
- as per the same order, the prisoners were at liberty to move to 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 will deliver the decision accordingly.
-the number of prisoners who were granted interim bail, shall surrender on November 13, 2020, and their applications for extension of interim bail will be considered on merit without being influenced by any order passed by the Full Bench.
The order passed by the Honorable Supreme Court on October 29, 2020, gave a stay on the aforesaid directions which were issued by the High Court of Delhi.