Police cannot be asked to spend their time in defending regular bail applications during COVID-19 lockdown: Bombay High Court

The Bombay High Court has ruled that unless extreme emergent case is made out, Police cannot be asked to spend their time in defending regular bail applications during COVID-19 lockdown. (Sopan Ramesh vs State of Maharashtra).The order was passed by a Single Judge Bench of Justice AM Badar..Regular bail was sought by the applicant in connection with a case under Sections 420, 409 read with Section 34 of IPC..The Public Prosecutor submitted that there was nothing urgent which required the consideration of the bail application at a time when the Court was hearing only extremely urgent judicial matters on the criminal side to avoid congregation because of outbreak of Novel Coronavirus (COVID-19)..The Court noted that the bail application was preferred under the extremely urgent category, however, the term “urgency” or “urgent” was very subjective. .Observing that the bail application was moved at a time when the entire world was facing a pandemic and trying to fight it out together by various means and modes, the Court remarked,"In this background, the only issue I need to consider is whether this application for bail can be said to be “urgent” and any orders need to be passed?".The Court stated that the process undertaken after disposal of the bail application involved several staff members, officers and the Presiding Officer of the concerned Court as well as several other departments of the State. .Since all such offices including the offices of the Court were virtually closed and a bare minimum staff was transacting extremely urgent matters, the Court opined, "Processing a bail order and consequent release of an accused/convict, as such, virtually amounts breaching the order of complete Lockdown. Putting several employees and officers to work, may put them to the risk of contracting COVID-19. In this view of the matter, I am of the considered opinion that unless extremely urgent situation for entertaining regular bail application is pointed out, mere fact that the accused is undergoing either pre-trial or post-trial detention, does not warrant entertainment of the regular bail application on the occasion of Lockdown declared by the State.".The Court further remarked that since the entire law enforcing machinery was focusing on implementation of the lockdown and maintenance of law and order throughout the State by virtually remaining on the field for 24 hours, it was not advisable to insist that these Officers be deputed to instruct the Prosecutors and attend the courts while leaving such places where their presence is a must. .Unless extreme emergent case is made out, they cannot be asked to spent their time in defending regular bail applications.Bombay High Court.It was added that even if a prisoner was released on bail, it might not be possible for him to reach to his destination without risking his life due to outbreak of COVID-19. ."In this situation, the prisoner by remaining inside till completion of lockout period will help and save the life of many others. But in case he is released on bail at this time, he will endanger his own life along with life of many others. .. Moreover, all public transports and trains are virtually not functioning", it said. .The Court then proceeded to note the observations of Rajasthan High Court in its order passed on March 31. Based on these observations, the Rajasthan High court had proceeded to direct its Registrar to refrain from listing bail applications and appeals for suspension of sentence as "extreme urgent matters" during the nationwide 21-day Coronavirus lockdown period. However, the Rajasthan High Court order has been stayed by the Supreme Court..[Coronavirus Lockdown] Bail applications, appeals under SC/ST Act, sentence suspension not "extremely urgent matters", Rajasthan HC.[Breaking] Supreme Court stays Rajasthan HC order which directed not to list bail pleas, sentence suspension as "extreme urgent matters" .Based on the above reasons, the Court opined that there was no question of entertaining the application at this stage.."Put up after completion of lock-down period and after resumption of the working of the Court.", the Court ordered..The same order was passed by the Court in another bail application in connection with a case under the NDPS Act..None appeared for the Applicant..Public Prosecutor Deepak Thakare appeared in the cases. The Applicant in the NDPS case represented by Advocates Anand Jondhale, Jigar Agarwal, briefed by Jondhale & Co..Read the Orders: