Fear of death due to COVID-19 no ground for anticipatory bail, rules Supreme Court

The apex courtroom additionally mentioned that courts shall not contemplate the Allahabad Excessive Court docket’s instructions whereas granting anticipatory bail. (File picture)

The Supreme Court docket of India at this time mentioned that anticipatory bail can’t be granted on grounds of worry of loss of life as a result of COVID-19. The courtroom made the statement whereas staying an order of the Allahabad Excessive Court docket which had granted bail on this apprehension. The Allahabad Excessive Court docket had additionally mentioned in its order that Uttar Pradesh lacks preparation and assets to deal with the COVID-19 disaster and therefore the arrested particular person is liable to contracting the virus. The Excessive Court docket had made the observations whereas listening to an anticipatory bail plea of Prateek Jain, who was charged below Sections 420, 467, 468, 471, 506 and 406 of the Indian Penal Code.

The apex courtroom additionally mentioned that courts shall not contemplate the Allahabad Excessive Court docket’s instructions whereas granting anticipatory bail and will decide primarily based on the deserves of every case, reported Bar and Bench.

The Uttar Pradesh authorities had approached the Supreme Court docket difficult the Allahabad Excessive Court docket order. The UP authorities had submitted that the Excessive Court docket order implies that administration of prison justice shall be stored in abeyance through the ongoing pandemic and the offenders shall take pleasure in a free hand whereas committing crimes.

The Allahabad Excessive Court docket had mentioned that apprehension of an accused being contaminated with novel coronavirus earlier than and after his arrest and the potential for his spreading the identical could be thought-about to be a sound floor for grant of anticipatory bail to an accused. The Excessive Court docket additionally mentioned that extraordinary occasions require extraordinary cures including that legislation ought to be interpreted in a fashion that’s in tune with the determined occasions.