UNDERTRAILS DURING COVID-19

Overcrowding prisons were the matter of the great concern in the pandemic attack of the Covid 19. The three judge bench headed by Chief Justice of India SA Bobde had decided and directed each state and Union Territory that which class of prisoners can be released on parole or an interim bail for the appropriate period. The Court had left the decision of the High Powered Committee to determine the category of prisoners who can be released. The matter was titled ad ‘Contagion of Covid 19 Virus in the Prisons’. Only the prisoners accused or convicted of the offence carrying a maximum sentence of upto 7 years would be eligible for temporary release. Many other provisions were made related to the release of the under trial prisoners. As the person entering the jail were of the great risk to carry virus along with them. The under-trial prisoners are released on the surety bonds and some of the jails are releasing the under-trial prisoners without sureties. Recently, Delhi HC has increased the bail of under trial prisoners for 45 days. But in the State Maharashtra the Court is rejecting the Bails as only 115 prisoners were released by 22 May, expected bails were 50% by 11 May.