SC REJECTS FEAR OF DEATH DUE TO COVID-19 AS GROUND FOR BAIL

NEW DELHI: The Supreme Court on Tuesday stayed two controversial high court orders that granted protection from arrest to accused citing the apprehension of death during the Covid-19 pandemic. The bench held that courts, while considering bail applications, shall only consider merits of the case without being influenced by such contentions.

One of the orders was passed by the Allahabad high court on May 10. It observed: “The apprehension of an accused being infected with novel coronavirus before and after his arrest, and the possibility of his spreading the same while coming into contact with the police, court and jail personnel or vice-versa can be considered to be a valid ground for grant of anticipatory bail to an accused.” Citing this reason, the high court granted protection from arrest to an alleged conman till January 3, 2022, considering the possibility of a third wave of infections by this September.

The vacation bench of the top court, comprising justices Vineet Saran and BR Gavai, stayed the observations passed by the Allahabad high court and asked all courts to decide anticipatory bail pleas by considering only the facts of the case. The bench did not stay the bail granted to the accused, Prateek Jain, directing that if he fails to turn up on the date fixed for his appearance before the police, the bail shall stand cancelled, and the high court order stayed.

The other order stayed by the SC came from Rajasthan. On May 17, the Rajasthan high court directed the police not to arrest any accused charged with an offence in which maximum punishment was up to three years in jail. The HC reasoned that a person who is arrested and sent to jail could be an asymptomatic carrier of Covid-19, and could infect other inmates. The state police chief was directed to pass necessary orders to ensure no arrests are made in cases where “punishment is up to three years and the case is to be tried by a First Class Magistrate”.

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