Gujarat High Court
Ranchhodbhai Sanjabhai Damor vs The State Of Gujarat on 1 July, 2020
Author: Sonia Gokani
Bench: Sonia Gokani, N.V.Anjaria
R/CR.A/2241/2019 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (TEMPORARY BAIL) NO. 3 of 2020
In R/CRIMINAL APPEAL NO. 2241 of 2019
With
CRIMINAL MISC.APPLICATION (FOR EXTENSION OF TEMPORARY
BAIL) NO. 6 of 2020
In R/CRIMINAL APPEAL NO. 1197 of 2018
==========================================================
PACHHANBHAI GOPALBHAI @ SHIVABHAI DESAI Versus JAIL SUPERINTENDENT ========================================================== Appearance:
Ms. Akshitaba Solanki and MR BH KHER Learned Advocate for the PETITIONER(s) MR MITESH AMIN, Learned Public Prosecutor for the Respondent State with MR. MANAN MEHTA, APP ========================================================== CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MR. JUSTICE N.V.ANJARIA Date : 01/07/2020 COMMON IA ORDER (PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. Nani Palkhiwala In his book ' We the Nation' in the chapter of 'The Fourth Estate', says, " Journalism is not a business; it is a profession. A professional should be ready to accept standards and a sense of values." He also says there that, "The press must make a sharp distinction between a story, the publication of which is dictated by public interest, and a story which is entirely sleazy and sensational.Page 1 of 18 Downloaded on : Wed Aug 05 23:30:56 IST 2020
R/CR.A/2241/2019 IA ORDER Where public interest is involved, it is not only the right but the duty of the press to expose the truth fully."
This being the basis of challenge here for seeking reliefs, requires careful dilation in these matters where the convicts seek their extension of grant of temporary bail in the present time of pandemic.
1.1 In this application for extension of temporary bail,we heard the learned Advocate, Ms. Solanki, for the applicant in Criminal Misc. Application No. 6 of 2020 in Criminal Appeal No. 1197 of 2018 andlearned APP Mr. Manan Mehta, for the respondent-State on 24.06.2020 and passed the following order:
"1. This is an application seeking extension of temporary bail which has been granted by this Court (Coram: Mr. R.M.Chhaya and Ms. Gita Gopi, JJ.) in Criminal Misc. Application No. 03 of 2020 in Criminal Appeal No. 1197 of 2018 on 08.05.2020.
2. The period of the applicant's temporary bail got over on 01.06.2020, however, the applicant so far has not surrendered because the wife of the applicant was undergoing the treatment at Smruti Hospital. 3. Learned advocate Ms. Solanki appearing for the applicant has made her submissions and urged that the applicant is scared and skeptical of surrendering before the jail authority on account of the details that he has been hearing of the jail inmates suffering from infection of COVID19 virus. 3. Learned APP appearing for the respondent authorities has ensured us to get the details from the jail authority in writing on affidavit of Jail Superintendent of Sabarmati Central Jail: - (i) the total number of jail inmates i.e under-trial and convicts presently in the Jail and the numbers of persons presently affected with COVID-19 virus; (ii) the nature of treatment being given to them and the place of their lodging ;
(iii) the protocol developed by the jail authority for such patients;
(iv) quarantine facilities made for those who may have been with Page 2 of 18 Downloaded on : Wed Aug 05 23:30:56 IST 2020 R/CR.A/2241/2019 IA ORDER these jail inmates before they were tested positive and; (v) whether the infection of these who have been affected came to the light because of the sport testing or some other method adopted in relation to the jail inmates. (vi). Practice followed while admitting convicts or under trials in jail on their fresh admission and on their return to jail after being released temporarily. 4. Let the detailed report be submitted to this Court.
5. A copy of this order shall be furnished to the learned APP for its onward communication and due execution. Learned Public Prosecutor shall assist the Court on the next adjourned date i.e. on 29.06.2020 along with learned APP."
2. In yet another application preferred by way of Criminal Misc. Application No. 3 of 2020 in Criminal Appeal No. 2241 of 2019, the applicant has approached this Court, seeking temporary bail, where, we passed an order on 22.06.2020, which runs thus:
"Applicant wants temporary release on the ground that while on furlough leave, on account of symptoms like chest pain and high fever, he was tested for COVID-19. Though the report dated 06th August, 2020 indicated negative status of COVID-19, in the totality of circumstances, we direct the authorities through learned Additional Public prosecutor Mr.Manan Mehta to subject the applicant again to medical test by panel of doctors as regards his medical condition especially in respect of Corona symptoms. Such report may be furnished to the Court on the next date.
Stand over to 24th June, 2020."
3. Thereafter, on 24.06.2020, we ordered as follows in the very matter:
"1. The report from the panel doctors, pursuant to our directions on 22.06.2020, has been received. According to the doctor, the patient who has been tested positive of COVID-19 virus after Page 3 of 18 Downloaded on : Wed Aug 05 23:30:56 IST 2020 R/CR.A/2241/2019 IA ORDER undergoing the treatment could completely recover and in 15 days and once tested negative thereafter, quarantine would suffice.
2. In the instant case, the applicant on 06.06.2020 was tested to have been infected of pneumonia and on 12.06.2020 he was advised for the rest of 15 days which shall get over on 29.06.2020.
3. Learned advocate Mr. Kher appearing for the applicant submits that the applicant can be kept at quarantine ward at the jail considering the infection of the upper respiratory tract that he has undergone. 4. Let this matter be kept on 29.06.2020 for the Court to know the arrangement made inside the jail. We are conscious of the fact that the applicant was required to surrender on 01.06.2020."
4. Considering the identical nature of apprehension expressed in both these matters due to Pandemic of COVID-19 ,making the situation inside the central jail allegedly precarious and advancing that as a base for extension, we decided to hear both the matters in a consolidated manner and also made a request to the learned APP, Mr. Mehta, to request the learned PP, Mr. Mitesh Amin, to appear in both the matters considering seriousness of the entire matter and also further directed the Jail authority to file affidavit of the responsible officer vide order dated 29.06.2020.
5. This panic appears to have begun, more on account of a report published in one of the newspapers in vernacular language, which gave shocking details of the spread of Covid-19 virus amongst many jail officers and also the jail inmates. Since, it became necessary for the Court as loco parenti to know the condition in jail, and therefore, vide order dated 24.06.2020, as mentioned herein above, at Paragraph-3, Page 4 of 18 Downloaded on : Wed Aug 05 23:30:56 IST 2020 R/CR.A/2241/2019 IA ORDER certain queries were raised.
6. Affidavit-in-reply for and on behalf of the respondent is filed by one, Mr. V.K. Patel, who is serving as Dy. Superintendent, at Central Jail, Ahmedabad. He has stated on oath that he is conversant with the facts and circumstances and he also is competent to file such affidavit. At the outset, in the affidavit-in-reply, it is urged that the highest authority, namely Director General of Police (Prisons), pursuant to the direction issued by the Apex Court as well as the guidelines and instructions issued by the Home Department in the form of Standard Operating Procedure (SOP) for all the prisons situated within the State of Gujarat, monitors and supervises all operations and those directions/ guidelines are strictly adhered to.
At Paragraph-5.1, a chart is given, which reflects the total number of jail inmates, under-trial as well as the convicts, at present in jail and number of persons infected with Covid-19 virus. It, further, reflects the existing numbers of male and female convicts, which are 1122 and 34, respectively. Further, the number of under-trial male prisoners is 1258 and that of female is 46. Out of the convict inmates, 13 males are infected, whereas, no female is infected with Covid-19 virus. Further, out of 123 under-trial inmates, whose tests had been carried out, on account of their return from parole, furlough or temporary bail, 34 under- trial inmates have tested positive for Covid-19 virus.
6.1 It would be relevant to reproduce the details given at Paragraphs 5.3 to 5.11 of the said affidavit, which runs as under:
"5.3 It is respectfully submitted that there is complete separate jail for female inmates.Page 5 of 18 Downloaded on : Wed Aug 05 23:30:56 IST 2020
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ii). All the COVID-19 positive diagnosed case are sent to the designated COVID hospital at Civil Hospital Ahmedabad for further treatment and care.
iii) Presently 11 (05 convict + 6 UTP) prisoners are undergoing treatment in COVID hospital and 36 had returned in jail after recovery PC 5.4 Further, the jail authorities are providing continuous and Routine distribution of AYUSH Ukala (Ayurvedik Drink) and Homeopathy medicines, tablets in phases from 25.03.2020 till date to Under trial, convicted and women's prison. Moreover, the jail authorities are giving lemon juice along with timely dispensing of Vitamin C to all inmates in barracks, quarantine or in isolation cells) and jail staff for boosting their immunity. It is also pertinent to mention that All COVID-19 positive cases are treated at designated COVID hospitals at Civil Hospital Ahmedabad.
5.5 That, it would not be out of place to mention that the jail authorities have identified separate areas for isolation, wards for accommodating 230 inmates respectively (apart from this there are 4 rooms for accommodating 24 females inmates for isolation/ quarantine at women's jail).
5.6 That, if any suspect inmate is found, the jail authorities immediately shift inmate suspected for COVID-19 infection to the isolation cell and refer him/her to COVID designated hospital for confirmatory diagnosis and further treatment and care.
5.7 That, to keep the other inmates safe, in cases of the above mentioned of pending any suspect, the jail authorities further quarantines all the inmates of the barrack in quarantine ward and our following mass sanitization of barrack including the close proximities.
5.8 It is further respectfully submitted that the jail staff have been briefed regarding contact-tracing procedure and immediate action taken after identification of suspect in prison and main emphasis was given to minimize the exposure of Page 6 of 18 Downloaded on : Wed Aug 05 23:30:56 IST 2020 R/CR.A/2241/2019 IA ORDER suspect contact as soon as possible as per the given SOPs (Standard Operating Procedure). It is further most respectfully submitted that that the jail authorities instantly refers the suspected case to the Civil Hospital Ahmedabad for COVID-19 test and further treatment and management. Moreover, after shifting the patient sitting area and his proximities are cleaned and disinfected. As per the directions of SOPs.
5.9 It is further submitted that the staff and officers are instructed for proper cleaning and decontamination of cell/room of suspected or confirmed case or any cell in isolation/ quarantine ward once vacated. It is also submitted that At Ahmedabad Central jail all the empty cells are fumigated overnight once vacated by the patient and are kept unoccupied till next 48 hours, however, these cells are daily sanitized with 1% Sodium Hypochlorite solution irrespective of its occupancy.
5.10 That, even the jail authorities are directed to provide and are providing masks, sanitizers and toilet soaps to all prisoners.
5.11 That, it is also pertinent to mention that the regular visiting system had been put to hold due to the spread of pandemic of Covid 19 Corona virus in the jails and instead of the system of E-Mulakat had been introduced whereby the jail inmates are permitted to visit, meet, have a conversation with the family. It would also be appropriate to mention that from 01/04/20 to 25/06/20 total 9329 (2411 inmates facilitated with E- Mulakat at Ahmedabad Central Jail) prisoner inmates had benefited by such facility of E-Mulakat (information provided Prison head office for all jails in Gujarat)."
.
6.1 It is emphasized in this affidavit that most of the cases reported are of those persons, who have returned from parole, furlough or temporary bail and when they are examined, before entering the jail premises, they are diagnosed with Covid-19 virus infection. It is, further, urged that only one case was detected with Covid-19 virus of a convict prisoner, namely Manubhai Rabari. However, he was given necessary treatment and he has recovered completely. His last test for Covid-19 Page 7 of 18 Downloaded on : Wed Aug 05 23:30:56 IST 2020 R/CR.A/2241/2019 IA ORDER virus also has come negative.
6.2 It is, further, the say of the respondent-officer that the new inmates, who come to the jail, their Covid-19 tests are being done from a certified centre and the inmates, who have returned from parole, furlough or temporary bail, are being quarantined outside the jail premises, where, an area has been earmarked for the said purpose. If, their test for Covid-19 virus is found negative, they are being quarantined for the period of 14 days and if, their test is positive, they are being sent to the hospital for further management. The staff members of the jail are being self-quarantined at their residence. Again , there is a constant monitoring on the part of the DGP (Prisons) and appropriate directions are being issued through video Conferencing to implement the directions and decisions, issued by the Apex Court so also by the High Power Committee, constituted by this Court to take preventive measures in connection with the pandemic of Covid-19 virus. It is also emphasized that the health scrutiny of the aged prisoners and the prisoners having medical complications, such as diabetes, hypertensions etc. and any other co-morbidity, is being done on regular basis. Out of the total number of prisoners in jail, the test is carried out of 908 inmates, where, 831 persons had returned from temporary bail or parole or furlough leave. There is already arrangements have been made for the visit of the medical staff, where, medical officer of the civil hospital is visiting the jail, twice in a week. The arrangements have also been made for supplying PPE kit to the jail staff for their safety. The awareness programs are also being continuously conducted. The jail officers, staff and the prisoners are also made aware of the rules, norms and the guidelines, as prescribed by the medical fraternity. It is also stated that a sanitization tunnel also has been made at the entrance of the jail and an officer is also posted with the thermal gun to measure the Page 8 of 18 Downloaded on : Wed Aug 05 23:30:56 IST 2020 R/CR.A/2241/2019 IA ORDER temperature.
6.3 It is emphasized that the 11 prisoners, who have tested positive for Covid-19 virus, had returned from parole, furlough or temporary bail and they had been shifted to the civil hospital, where, the treatment is going on, till date. It is urged that no death of any inmate fortunately is reported, till date.
6.4.1 There is an additional affidavit also filed by the very officer to correct the typographical error, which stated that 9 inmates, instead of 11 inmates, tested positive for Covid-19 virus. It is also stated that there is a separate and independent cell for the female prisoners. Out of the aforesaid 11 inmates, who tested positive for Covid-19 virus, 5 are convicts, whereas, the remaining 6 are under-trial prisoners.
6.4.1.1 One of the biggest and the serious concern that was expressed before us was that the prisoners, who are returning from parole, furlough or temporary bail are being taken to Civil Hospital for carrying out their Covid-19 virus tests, which is very worrisome and considering the present situation.
6.4.2 According to the officer concerned, such news has no basis at all , and, everyday, at around 11:00 a.m., a medical team, consisting of a Medical Officer and two assistants are standing at the entrance of the Central Jail, Ahmedabad, itself, and they collect the samples of the convicts and the under-trial prisoners, who return from parole, furlough or temporary bail and thereafter, the same are being sent to the laboratory for report. If, report of any of the inmates is found positive, Page 9 of 18 Downloaded on : Wed Aug 05 23:30:56 IST 2020 R/CR.A/2241/2019 IA ORDER then, he is being taken to the hospital or the jail inmates are housed at the isolation ward.
6.4.3 He also, emphatically, urged that unverified news item was published in the social, electronic and the print media about the spread of Covid-19 virus amongst the jail staff and the inmates. Said news, according to the respondent-officer on affidavit, has no valid basis and it is incorrect and unverified.
7. Learned Advocate, Ms. Akshitaba Solanki, appearing for the applicant in Criminal Misc. Application No. 6 of 2020 in Criminal Appeal No. 1197 of 2018 has relied on the certificate issued by the Central Jail, Dated: 09.06.2020, whereby, it is stated that Qutubuddin @ Rajan Islamuddin, who is granted temporary bail, shall need to return or surrender on 17.05.2020 and at that time, he shall need to present, himself, with the certificate issued by Civil Hospital of Covid-19 virus. Further, his health screening, before his release, also has been prescribed. She also relied on the news-paper items published in the newspaper in vernacular language, to support her version.
7.1 On merits, she has argued that the convict is quite apprehensive, and therefore, this extension may be permitted.
8. Learned Advocate, Mr. Kher, appearing for the applicant in Criminal Misc. Application No. 3 of 2020 in Criminal Appeal No. 2241 of 2019 has argued fervently and has urged that the applicant already has co-morbidity for his having suffered Pneumonia. The certificate issued by the doctor also has been verified, and therefore, there is not even a Page 10 of 18 Downloaded on : Wed Aug 05 23:30:56 IST 2020 R/CR.A/2241/2019 IA ORDER slightest doubt about the contents of the certificate. He, further, has urged that the High Power Committee, though, has taken care, what is far more important is the age of a person and his co-morbidity status. It is, therefore, urged that the applicant with his advanced age and the co- morbidity is entitled to be released on temporary bail. According to him, these are very peculiar circumstances, which do not come ordinarily. Therefore, with all seriousness, this aspect needs to be looked into. He also has urged that, at an alarming rate, the number of patients have increased. He also, further, has submitted that the country is, now, heading towards the 'Herd Immunity'. Again, Covid-19 virus is not highly pathogenic or virulent. At the same time, what needs to be addressed presently is to take utmost care of the elderly persons and also of the persons with co-morbidity.
9. Learned PP, Mr. Mitesh Amin, appearing with learned APP, Mr. Mehta, has argued along the line of the affidavit-in-reply and has urged that the entire report, which is published in the print media so also in the electronic and social medias, is false and having no valid basis and only causes sensationalism. Print media ought not to have published anything which was not verified and more particularly, if that had connection in the prevalent situation with COVID-19 virus.
9.1. According to him, from the very beginning, the directions issued by the Apex Court and the competent authorities are being followed, stringently. It is emphasized by the learned PP, Mr. Amin, that being aware of the possible consequences of the pandemic, the jail authority is taking all possible care of the jail inmates and they are being provided, as mentioned herein above, a medicine prescribed by the Aayush Medicines, which is a ' Kadha', twice a day. They are also being given lemon juice, bearing in mind the vitamin requirements of each Page 11 of 18 Downloaded on : Wed Aug 05 23:30:56 IST 2020 R/CR.A/2241/2019 IA ORDER individual and homeopathic medicines in such a circumstances.
10. We, ourselves, were very skeptical and concerned about the condition inside jail, after the reports had been published by the Print media in vernacular language, and when the same was made the basis for continuing the temporary bail as it was not a case of one or two Jail inmates but of hundreds of them therefore, there was an imminent need for this Court to know and satisfy itself about the prevalent situation so also the corrective measures and precautionary safeguards undertaken.
11. At the outset, a brief reference of the High Power Committee consisting of Mr. R.M. Chhaya, Honourable Judge of the High Court, Ms. Sangita Singh ACS(home), Mr. KLN Rai, ADG (Prisons) and learned Public Prosecutor, Mr. Mitesh Amin, the High Court of Gujarat requires from the minutes of the meeting of the High Power Committee placed before this Court. It reflects that the State of Gujarat has total capacity to house 13,724 inmates in various jails, across the State. There were, in all, total 14,991 inmates in all these jails. Within the State and out of them, about 2701 inmates were released on temporary bail, parole or furlough by the Court or by the jail authority. Therefore, the date on which the meeting of the High Power Committee took place, there were aonly 12,290 inmates in various jails within the State of Gujarat. The High Power Committee also noted that there is no congestion in various jails within the State, and therefore, there shall be no need to grant parole, furlough or temporary bail, who are charged with the offence punishable with the imprisonment for 7 years or more. Further, the Committee specifically noted that the right of an accused to move the competent Court or the High Court for temporary bail etc. had not been curtailed in any manner and the same can be exercised by the Page 12 of 18 Downloaded on : Wed Aug 05 23:30:56 IST 2020 R/CR.A/2241/2019 IA ORDER concerned prisoner, as and when they deem it appropriate.
12. It would be apt to reproduce the contents of Paragraphs- 6 of the meeting of the High Power Committee, held on 28.03.2020, which specifies, as to in case of which inmate, such guidelines for releasing them during Covid-19 virus outbreak, shall not be applied :
"6. Above referred to guidelines for releasing an inmate on temporary bail shall not apply, if the inmate has alleged to have committed any of the following offences.
(I) Persons facing investigation/trial under:-
(a) offences for which punishment provided is 7 years or more.
(b) any law dealing with terrorism.
(c) Narcotics Drugs and Psychotropic Substances Act.
(d) Prevention of Money Laundering Act.
(e) Unlawful Activities (Prevention) Act.
(f) any or all offences against women and children.
(g) GUJCOC.
(h) any offence/s against the national security.
(i) all offences being investigated by the National Investigation Agency.
(j) Economic offence and (k) Financial fraud with Bank, NBFC, public at large.
(II) A jail inmate who has been previously convicted by the court of competent jurisdiction in another offence/s and same is yet not set aside by the Higher Court.
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R/CR.A/2241/2019 IA ORDER (III) An UTP and/or convict who is facing another trial for other offences shall not be considered."
13. It is given to understand that this has been implemented to its fullest and over and above the same, all the applications, which had been made for release were placed before this Court on regular basis and they may have been largely decided by now. On regular basis, the applications, which have been moved for release on temporary bail are also sent to the High Court and to other criminal Courts, as would have been done in the normal circumstances and such application are being decided by the Courts concerned also.
14. We would like to emphasize that ingress and egress cannot be stopped by the very nature of the jail,however,by its very nature, it becomes a highly sensitive place, and therefore, utmost care needs to be taken of the safety not only of the persons, who enter the jail, but also of those, who are around. The top priority in the present Pandemic time is the life of a person and also to care for the lives of those, who are around.
14.1 Noticing that the report of High power committee is implemented and all necessaries like masks, sanitizers, soaps, hand soaps , gloves are provided , it is to be directed that let a mechanism be created for anyone to avail these things easily once utilized and social distancing is also maintained inside the barrack.
It is also taken note of that periodical sanitization of rooms and fumigation are regular processes in isolation and quarantine facilities created inside the jails.
Page 14 of 18 Downloaded on : Wed Aug 05 23:30:56 IST 2020R/CR.A/2241/2019 IA ORDER Due care is being taken, while drawing sample in the jail and an elaborate arrangement also have been made by calling the team at Jail every morning for those who enter the jail first time or for those who return from their release. For all those who return, facility of quarantine, till the report of the prisoner concerned comes, also is extensively made. The details, which have been furnished by the jail authorities, make it apparent on record that for drawing the sample of the prisoners, who have returned after completing the period of their release on parole, furlough or temporary bail, is being taken at the jail premises, itself. Therefore, a prisoner does not need to have any brush with the civil hospital as apprehended by the applicant.
Under the circumstances,the only direction which is necessary, is vigilance of Jail administration and matching response of inmates for whose right to life, these arrangements are elaborately made. A word of caution that requires is that there could be no inertia or laxity on either side so far as implementation of directives/ guidelines issued by the Apex Court, this Court, Central and the State Governments are concerned.
14.2 Additionally, AYUSH ministry has come out with guidelines and the directions for every citizens to follow during the lockdown. It is essentially to enhance their resistance power and what is far more important is immunity of an individual, body's natural defence system, which alone is a shield, which can provide protection in this Pandemic against COVID-19 virus. Although, the inmates are being given vitamin 'C' and Homeopathic medicines and the herbal drink prescribed i.e. 'Kadha' as stated in the affidavit. We suggest addition of milk with Page 15 of 18 Downloaded on : Wed Aug 05 23:30:56 IST 2020 R/CR.A/2241/2019 IA ORDER turmeric powder, as prescribed by AYUSH ministry along with the Ayurvedic medicines prescribed by it, like Neem Giloy( Samsam Vati etc.) In its publication as mentioned in the communication dated 3d April,2020 Government of India, Ministry of Human Resource Development.(Annexed with the order for ready reference). Some of the recommendations and measures prescribed by the Central Government is forming the part of this order, let the same be considered for the purpose of boosting the immunity of the jail inmates along with regular Yoga, Pranayama, Nasal Application and other physical exercises as well as applications necessary for their holistic health i.e.physical, mental, emotional and psychological health.
14.3 Noticing that by and large, all the required measures for safeguarding the health and immunity of the inmates are being followed, some of the additional measures, as prescribed by the AAYUSH Ministry for promoting immunity by self care be followed by the jail authorities.
14.4 We express a word of caution while parting that right to freedom of expression brings with it corresponding and unfailing duty cum responsibility for all those who profess the same as a profession or as a crusade towards the informed citizenry. And therefore, in the present time of Pandemic which comes in hundred years, psyche of average man when is already filled with fearfulness and apprehension when it concerns the news relating to COVID -19 virus, anything expressed or circulated without any verification would surely and unfailingly generate negative response. Therefore,all concerned are expected to exercise requisite care and caution before publication or circulation,of verifying the details from the Authority concerned which is also expected and has obligation to reveal absolute truth.
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15. In wake of the discussion above, so far as Criminal Misc. Application No. 6 of 2020 in Criminal Appeal No. 1197 of 2018 is concerned, the very edifice of his basing his claim for extension since does not remain, his request is not acceded to and stands denied. The applicant, herein, was to surrender on 01.06.2020, however, due to apprehension and pendency of this application, he did not do so. Let him SURRENDER before the jail authority by 3rd July, 2020, by 12:00 p.m. His entire period from 1st June,2020 shall stand condoned till the 3d July ,2020 in wake of pendency of this application.
16. So far as Criminal Misc. Application No. 3 of 2020 in Criminal Appeal No. 2241 of 2019 is concerned, the medical report of the applicant, therein, of having co-morbidity is found to be genuine and therefore, period of leave is ex post facto EXTENDED upto 15th July, 2020, condoning the earlier period in wake of pendency of this application.
15. Both the applications stand disposed off, accordingly. Office to send a copy of this order through EMAIL / FAX to the concerned jail authority, forthwith.
(SONIA GOKANI, J)
(N.V.ANJARIA, J)
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R/CR.A/2241/2019 IA ORDER
MISHRA AMIT V./UMESH
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