Amidst COVID-19 lockdown, Bombay High Court has ruled that the regular bail applications that has been defended by the police, the police are no longer asked to spend time behind it unless it is an extreme emergency case. In the case of Sopan Ramesh vs State of Maharashtra, a single judge bench of justice AM Badar held the above order.
The public prosecutor Deepak Thakare submitted that there was nothing urgent with the filing of the bail application at this time when all courts are only hearing extremely urgent judicial matters because of outbreak of COVID -19.
The said bail application was filled under the “extremely urgent” category but the court observed that the term ‘urgent’ or ‘urgency’ is very subjective. Also, the court stated that the process which takes place after the disposal of the bail application involves several staff members. Therefore, rather than processing a bail order and releasing the accused/ convict would amount to breaching the order of complete lockdown as it would put several employees to the risk of contracting COVID – 19.
In addition to the above statement, court also said that even if the accused/ convict is released on bail, it might not be possible for him to reach his station without risking his life by contracting COVID – 19.
At last, based on an order passed by Rajasthan High Court in the case of High Court of Judicature for Rajasthan vs State of Rajasthan, Bombay HC showed no question of entertaining the said application.
