Punjab and Haryana High Court directed Superintendent, Central Jail Patiala, who, after consulting and taking necessary advice and opinion from the Civil Surgeon concerned/S.M.O./Jail Doctor, would apprise the Court, as to which out of two places i.e. the hospital where the applicant-petitioner and her new born child are currently admitted or prison, where the Applicant-Petitioner is confined, would be more suitable and safe for both of them.
Application was filed by the Applicant petitioner for grant of interim regular bail for three months as she was blessed with a child on 02.04.2020.The petitioner has also filed a petition for grant of regular bail, which is pending before the Court and is fixed for 29th April, 2020.
Petitioner Counsel contended that Petitioner who was pregnant at time of her arrest, delivered a child, during her custody at on 02nd April, 2020. Due to prevailing conditions, on account of spread of COVID-19, it would not be safe and conducive for her to take care of her new born child and be kept in custody. Hence, it has been prayed that interim regular bail for a period of three months be granted to the applicant-petitioner to take care of her new born child.
Court observed that it is alive to conditions prevailing across the globe including India on account of COVID-19. Sole ground of applicant for seeking interim regular bail is to take care of her new born child and to protect herself and child from COVID19. As far as the prayer for grant of interim regular bail to the applicant-petitioner for taking care of her new born child is concerned, it goes without saying that even in normal conditions, the petitioner would have had to take care of her new born child while remaining in custody.
Court held that due to over-crowding of prisons, Supreme Court of India in Suo Motu Writ Petition, “Contagion of COVID-19 Virus in Prisons Vs. (For Admission)”, has directed to ensure maximum possible distancing among the jail inmates, to protect them from getting infected with the said virus. As per the criteria laid down by the said Committee in pursuance to the directives of the Apex Court, for the release of the under-trial prisoners, it has been clearly stipulated that only those under-trials involved in cases under the NDPS Act, shall be considered for release on interim bail, where the recovery of contraband falls within definition of small quantity. Petitioner is booked under the NDPS Act, involving huge recovery of contraband which falls in definition of commercial quantity. Hence, she is not eligible for being released on interim regular bail. Also, Court cannot be oblivious to fact that new born child of the applicant, needs to be protected from deadly COVID-19.
State counsel shall apprise Court after seeking opinion of authorities concerned on next date of hearing on 13 April, 2020. State counsel shall also apprise Court after making necessary inquiry from District Administration with respect to conditions prevailing in native village of Petitioner with regard to outbreak of COVID-19.
-India Legal Bureau