[Coronavirus Lockdown] Bail applications, appeals under SC/ST Act, sentence suspension not "extremely urgent matters", Rajasthan HC

In an interesting development, the Rajasthan High Court has directed the Registrar (Judicial) to refrain from listing bail applications and appeals for suspension of sentence as "extreme urgent matters" during the nationwide 21-day Coronavirus lockdown period. [Shahrukh S/o Juharu Khan vs State of Rajasthan].

. While passing the above order, a Single Judge Bench of Justice Pankaj Bhandari observed,

. "Release of an accused or convict at the cost of breaching the order of lockdown and sending at the cost of risking lives of many cannot be considered to fall within the category of "extreme urgent matter." It is also relevant to note that Rajasthan High Court has Holi, Dashera, Diwali and Winter vacations ranging from few days to few weeks during which period also Bail applications and applications for suspension of sentence are not taken up by the Court." Rajasthan High Court . This apart, the Court took note of the report submitted by the Director General of Prisons, which stated that there was no overcrowding in prisons, and that regular medical checkups of existing as well as new inmates were being conducted.

. Further, the Court stated that if a bail application or an appeal under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 [SC/ST Act] is allowed, many other procedures such as sending order to the Court, appearance of sureties before the Court, and presence of advocates for identification of sureties would follow.

This would only increase the workload of the courts considering the present health pandemic, it was noted. Moreover,

. "...any order passed in favour of the petitioner or appellant would be an order adverse to the Complainant/State and presently when Lawyers are abstaining from work on account of call given by the Bar Council of Rajasthan, Complainant would be deprived of his right to engage a Lawyer and oppose the bail application/ application for suspension of sentence."

. The Court also held that the release of one convict would put the lives of many in danger, which would prove counterproductive to the measures taken by the state amid the complete lockdown.

. "If application for suspension of sentence is allowed the order is to be produced before the Trial Court which has passed the sentence. Presently in each District limited number of Courts for limited time are functional to deal with exceptional urgent matters, in that situation for attesting the bail bonds staff of the concerned Trial Court is to be requisitioned for tracing out the file as surety bonds have to be furnished in the concerned Court file. Thus release of one accused or convict shall risk the life of many and would adversely affect the measures taken by the State for complete lockdown."

. The Court further stated that in the current scenario, even sending notice through police personnel may pose risk of spreading of COVID-19, as even they have been quarantined.

. Further, assistance from the prosecution, case diary etc. is required to ascertain the stage and outcome of the investigation and criminal antecedents of the accused, the Court observed.

However, with the complete closure of public transport, police cannot not be expected to travel hundreds of kilometers in their private vehicles to produce the case diaries thereby posing threat of COVID-19 to community at large and themselves, the Court noted .

. Hence, on these grounds, the Court held that in the present scenario, bail applications, appeals under the SC/ST Act, and applications for suspension of sentence cannot be considered as matters of extreme urgency.

. The Court clarified that all such matters, including the applications in the present case, would be listed after the withdrawal the complete lockdown by the Government of India.

. The Court passed the above order while hearing a second bail application filed by a convict.

. The Rajasthan High Court recently issued a notification directing listing of only those matters which were of extreme urgency. The Court also issued a number of directions to curb the spread of the Coronavirus pandemic.

.No person shall be allowed to come out without covering his face with mask: Rajasthan HC issues directions to curb Coronavirus pandemic. [Read the order here]

[Coronavirus Lockdown] Bail applications, appeals under SC/ST Act, sentence suspension not "extremely urgent matters", Rajasthan HC

Rintu Mariam Biju

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