Rajasthan High Court: A.M. Badar, J. while addressing a regular bail application under Section 439 of Criminal Procedure Code, 1973, held that,
“Entire Law Enforcing Machinery is focusing on implementation of the Lockdown throughout the State by virtually remaining on the field for 24 hours.
This is being done for saving the entire nation from the pandemic.
In such a situation, it is not advisable to insist the State to depute Police Officers for instructing the Prosecutors by undertaking travel to the office of the Public Prosecutor and attending the Court by leaving their territorial jurisdiction where their presence in such a situation is must.”
While hearing an application for bail the Bench made certain observations, that,
Maharashtra is the most affected State of India where there is largest number of patients of COVID-19. Entire Western Maharashtra, which is under territorial jurisdiction of the Principal Seat of this Court, is worstly suffering from this pandemic.
The instant bail application was filed under the extremely urgent category.
For the above, Court stated 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.
Hence with regarding to entertaining the case, Court stated that,
“case in hand is not reflecting any such extremely urgent situation warranting entertainment of the regular bail application.”
Court added that, Law Enforcing Agencies have to frequently deal with the problem of Law and Order, as several individuals or group of individuals are turning violent and disrupting the work of sanitisation as well as providing medical aid to the victims.
Incidents of assault on Nurses, Doctors, Para Medical staff and Police staff involved in combating the menace of COVID-19.
In the above view, presence of 100 percent members of Police Force on the field, rather than in the Court, is absolutely essential for a limited period of Lockdown.
In view of the lockdown, so far as Mumbai is concerned, it is reported that several areas are also sealed. As such, even if a prisoner is released on bail, it may not be possible for him to reach to his destination without risking his life due to outbreak of COVID-19.
Thus, in the present situation, the prisoner by remaining inside till completion of lockout period will help and save the life of many others. [Sopan Ramesh Lanjekar v. State of Maharashtra, 2020 SCC OnLine Bom 468, decided on 03-04-2020]
