Punjab-Haryana High Court
Swaran Singh vs State Of Haryana on 17 June, 2020
Equivalent citations: AIRONLINE 2020 P AND H 1192
Author: Jasgurpreet Singh Puri
Bench: Jasgurpreet Singh Puri
CRM-M-13560-2020 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CRM-M-13560-2020 (O&M).
Decided on: June 17, 2020.
Swaran Singh
.. Petitioner
VERSUS
State of Haryana
.. Respondent
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CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
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PRESENT Mr.Jagjit Gill, Advocate,
for the petitioner.
Mr.Ankur Mittal, Addl. A.G. Haryana.
JASGURPREET SINGH PURI, J. (ORAL)
The present second petition has been filed under Section 439 of the Code of Criminal Procedure seeking regular bail in FIR No.250 dated 10.10.2019, under Sections 22 (C) and 61 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station, Kalanwali, District Sirsa.
Learned counsel for the petitioner submits that he had 1 1 of 10 ::: Downloaded on - 17-06-2020 21:44:58 ::: CRM-M-13560-2020 (O&M) earlier also filed a petition for bail vide CRM-M-53927 of 2019 which was dismissed on merits by this Court on 13.01.2020. He further submits that he has filed the present second application in view of the fact that there is Covid - 19 epidemic prevailing in the State of Haryana and therefore, the petitioner is insecure in the jail and deserves the concession of bail. He further submits that there is no progress of trial after start of Covid - 19 epidemic and the conclusion of the trial will take a long time and therefore, on this ground also, the petitioner is entitled to be released on bail.
On 11.6.2020, the learned counsel for the petitioner had stated that the petitioner is lodged in jail at Sirsa in which, according to learned counsel for the petitioner, two cases of Covid - 19, have been reported and at that stage, learned State counsel had prayed for time to seek instructions in this regard.
Thereafter, on 15.6.2020, though some instructions were sought by the learned State counsel but since the instructions were not clear and the matter was also concerning large number of inmates in the jail and the staff, this Court had directed the learned State counsel to file status report of a senior responsible officer in this regard and to provide adequate and proper instructions to the learned State counsel so that true facts can be brought to the notice of this Court on the next date of hearing.
Today, learned State counsel has submitted the status report by way of affidavit of Mr.Sher Singh, Superintendent of Prison, District Prison, Sirsa, dated 16.6.2020, on the whatsapp group of which a print out has been taken and the same has been discussed during video 2 2 of 10 ::: Downloaded on - 17-06-2020 21:44:58 ::: CRM-M-13560-2020 (O&M) conferencing.
Learned counsel for the petitioner submits that he has also perused the said status report.
The status report is taken on record and Registry is directed to tag the same at appropriate place.
In the above status report, details have been given with regard to the status of Covid - 19 infections in the District Jail, Sirsa.
Relevant part of status report is reproduced as under: -
2. It is submitted that from 09.05.2020, all arrested persons are being tested for Covid - 19, before lodging them in jail. All the :Prison Staff returning from leave are also being tested for Covid - 19.
3. All the newly admitted inmates are being kept in special isolation Ward/Barrack separate from other inmates till the receipt of their Covid - 19 reports. After the receipt of negative reports of such inmates, they are being kept in quarantine ward for 14 days. If report of any inmates is found positive, he is immediately shifted to the General Hospital, Sirsa, for further treatment and all the inmates and Prison staff, who have been in contact with the Covid positive inmate, are being tested for Covid - 19 and are being kept in isolation as per standard protocol.
4 That it is submitted that the undertrial prisoner Sukhwinder son of Gurcharan Singh, Resident of Peeranwali, P.S. Sadar, Hisar, District Hisar, 3
3 of 10 ::: Downloaded on - 17-06-2020 21:44:59 ::: CRM-M-13560-2020 (O&M) admitted in District Jail, Sirsa on 29.05.2020, and undertrial prisoner Viru @ Basant son of Nakshatra Singh, Resident of Nagoki, P.S. Badaguda, District Sirsa, was admitted in District Jail, Sirsa on 31.05.2020, and were kept in isolation ward as at that time their Covid 0-19, reports were pending. On 01.06.2020, the reports of both these undertrial prisoners were found positive and accordingly they were shifted to Civil Hospital, Sirsa for treatment. After that, Covid - 19, tests of 06 inmates and 06 prison staff members, who came in contact with these two prisoners, were conducted on 02.06.2020 and their reports were received as negative on 05.06.2020.
5 That it is pertinent to mention here that the Covid - 19, test of the petitioner Swaran Singh has not been conducted because the petitioner was neither lodged alongwith these undertrial prisoners nor he came in contact with them at any point of time. However, the medical examination of the petitioner has been got conducted by the Jail Medical Officer on 16.06.2020. Copy of the medical report dated 16.06.2020, is annexed herewith as Annexure R1.
6 That the second Covid - 19 reports of both the said undertrial prisoners were found negative on 06.06.2020. Thereafter, they were discharged from Civil Hospital, Sirsa on 06.06.2020, and re-admitted in Jail and they are kept in quarantine ward of District jail, Sirsa. At present, their health condition is normal. 4
4 of 10 ::: Downloaded on - 17-06-2020 21:44:59 ::: CRM-M-13560-2020 (O&M) 7 That it is submitted that in view of the present health crisis arising out of Corona virus (Covid 19), in the country, the following precautionary steps have been taken by the jail authorities at District Jail, Sirsa: -
(i) Awareness is being created among the prisoners and prison staff regarding methods to prevent infection from Corona Virus (Covid - 19). Further, maintenance of hygiene i.e. by sanitization of doors, railings, floor, bed, clothing of prisoners, wash rooms and other contact points etc. are being ensured on daily basis and social distancing is also being maintained.
(ii) Posters and banners have been affixed in the wards of prisoners and at strategic locations, regarding Do's and Don'ts to prevent the spread of corona virus, including washing of hands from time to time and not touching eyes, mouth and nose.
(iii) Medical Officers and Prison staff have been trained in prevention, identification and treatment qua Covid - 19.
(iv) Bottles of sanitizer have been placed t strategic locations across the prisons.
(v) Masks have been provided to all the prisoners and prison staff and the same are being disinfected on daily basis.
(vi) All duty staff are being screened and 5 5 of 10 ::: Downloaded on - 17-06-2020 21:44:59 ::: CRM-M-13560-2020 (O&M)
sanitized before deputing on duty at their ward. Sanitizer has also been provided to them.
(vii) Social distancing is being maintained at one to two meters between prisoners and prison staff. During the use of Prison Inmates Calling System (PICS) and Canteen, distance of at least one meter is maintained between the prisoners.
(viii) Special care is being provided to ailing prisoners, children living with their mothers/guardians and elderly prisoners.
(ix) Inmates working in common kitchen are being screened twice a day and utmost hygiene is maintained in the common kitchen.
(x) Interview (Mulakaat) has already been stopped till further orders and is allowed only in emergency cases.
(xi) All physical peshis have been stopped and accused are being produced only through video conferencing in the concerned Ld. Courts as and when required.
(xii) Inter mixing of prisoners between barracks has already been reduced to the bare minimum. Gathering of prisoners have been stopped and prisoners are allowed to avail PICS and Canteen facility block- wise and time-table wise.
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(xiii) Sports, games, cultural activities and other group activities that involve physical contact have already been stopped till further orders.
(xiv) Necessary instructions issued by the Department of Health and Family Welfare Haryana have been affixed at all strategic locations in vernacular for prevailing the spread of corona virus.
(xv) A Special Task Force consisting of the Superintendent Jail, Medical Officer, two other jail staff and Para Medical Staff, has been constituted in each prison to monitor the prevention of transmission of infection.
(xvi) All newly admitted inmates including prisoners of foreign nationality are screened at the main gate and mask is provided. Further, they are kept in separate quarantine ward for at least 14 days and during this period they are strictly monitored by Medical Officers regularly.
(xvii) An isolation ward has been set up in each prison for any kind of emergent situation and Jail Hospital is being properly sanitized twice a day. (xvi) Convicted prisoners who work in Prison hospitals have been trained properly to handle the prisoners with symptoms of Covid - 19.
(xviii) Some places around the prison have been 7 7 of 10 ::: Downloaded on - 17-06-2020 21:44:59 ::: CRM-M-13560-2020 (O&M) identified, which can be used as temporary prison in case of an outbreak of the virus.
8 That it is submitted that at present there is no Covid
- 19, positive inmate is confined in District Jail, Sirsa. Learned counsel for the petitioner submits that so far as the apprehension with regard to contacting of Covid - 19 infection in prison is concerned, he is satisfied with the status report which has been filed by the learned State counsel and therefore, he has no grievance with regard to the same. However, he submits that on merits, the petitioner is entitled to bail on the ground that trial of the case is likely to take a long time because of the spread of Covid - 19, epidemic throughout the State.
On the other hand, learned State counsel has submitted that present petition is liable to be dismissed on the ground that earlier petition for bail filed by the petitioner bearing No.CRM-M-53927 of 2019, has been dismissed by this Court no merits on 13.01.2020. He has further submitted that as per the contents of the FIR itself, patrolling party had seen a person coming on motorcycle and when stopped and nabbed, the aforesaid person disclosed his name as Swaran Singh son of Hakam Singh, resident of near Sidhu Beej Bhandar Wali Gali, Mandi Kalanwali and one plastic bag of white colour was hanging on the handle of the motorcycle and notice under Section 50 of the NDPS Act, was given to him and the search was conducted and 600 tablets of Tramadol Hydrochloride of 100 mg. each was recovered and the alleged recovery was made from the petitioner and that 8 8 of 10 ::: Downloaded on - 17-06-2020 21:44:59 ::: CRM-M-13560-2020 (O&M) said quantity is commercial in nature and therefore, the matter being serious, the petitioner does not deserve the concession of bail. He further submits that so far as the submission made by the learned counsel for the petitioner that the petitioner deserves concession of bail on the ground that the trial is not progressing, the same deserves rejection on the ground that the delay in commencement of the trial is due to spread of Covid - 19 epidemic throughout the State of Haryana as well as the entire country and therefore, it cannot constitute a sole ground for the grant of bail to the petitioner especially in view of the fact that earlier petition for the grant of bail to the petitioner was also dismissed by this Court on merits on 13.01.2020.
I have heard the learned counsel for the petitioner as well as the learned State counsel through video conferencing and have also perused the status report filed by the Superintendent, District Jail, Sirsa.
So far as the ground taken by the learned counsel for the petitioner with regard to likelihood of contacting of Covid - 19 infection in Jail, is concerned, learned counsel for the petitioner has fairly conceded that he is satisfied with the status report submitted by the learned State counsel and therefore, he does not press this ground.
Learned counsel for the petitioner has also not been able to satisfy this Court with regard to the fact that earlier petition for bail filed by the petitioner was dismissed by this Court on merits on 13.01.2020 and there are no changed circumstances so as to consider the present second petition for the grant of bail on merits again.
So far as the issue which has been raised by the learned 9 9 of 10 ::: Downloaded on - 17-06-2020 21:44:59 ::: CRM-M-13560-2020 (O&M) counsel for the petitioner that trial of the case is being delayed because of spread of Covid - 19 epidemic in the State of Haryana, is concerned, said spread and delay is not applicable to the petitioner alone. It is a nation wide problem which the country is facing today and therefore, the same cannot constitute the sole ground for the grant of bail to the petitioner.
On being asked with regard to the status of the trial, the learned State counsel states that now the case is fixed for prosecution evidence for 19.8.2020 and in case the Covid - 19 epidemic is controlled by that time, there is every possibility that the trial may commence.
Thus, considering the totality of the circumstances, I do not deem it fit and appropriate to interfere in the present and therefore, the present petition for the grant of bail to the petitioner is dismissed.
However, anything observed hereinabove shall not be treated as an expression of opinion on merits of the case and is meant only for the purpose of decision of present petition.
June 17, 2020. (JASGURPREET SINGH PURI)
raj arora JUDGE
Whether speaking / reasoned Yes / No
Whether reportable Yes / No
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