Delhi High Court - Orders
Golapuddin vs State (Nct Of Delhi) on 25 August, 2020
Author: Anu Malhotra
Bench: Anu Malhotra
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1483/2020
GOLAPUDDIN ..... Applicant
Through: Ms.Saahila Lamba, Advocate
Versus
STATE (NCT OF DELHI) .....Respondent
Through: Mr.Ashok Kumar Garg, APP for the
State
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 25.08.2020 (hearing through Video Conferencing) The status report along with copies of the witnesses examined by the State in relation to FIR No. 224/2016, Police Station Fatehpur Beri registered under Section 302/201 of the Indian Penal Code, 1860 have been submitted by the State dated 18.7.2020 and the copies of the statement of the witnesses that had been recorded i.e. PW-2 Ms.Gulifa Parveen, the daughter of the petitioner as also the daughter of the deceased and the copy of the testimony of PW-3 Sh.Mahender Singh, a neighbour has been placed on record by the State along with the FSL result dated 6.2.2017 in the matter. The applicant to the present application has inter alia contended to the effect that the applicant in terms of the Minutes of the Hon'ble High Powered Committee of this Court dated 18.5.2020 is entitled to be released on interim bail for a period of 45 days in as much as the applicant has been in custody from18.4.2016 and thus has been incarcerated for a period of 4 years 2 months and 28 days as on 18.7.2020 as per the Nominal Roll sent by the Superintendent Central Jail No. 3, Tihar and thus Signature has been incarcerated for a period of more than two years and thus he be Not Verified Digitally Signed By:SUMIT GHAI allowed to be released on interim bail for a period of 45 days. It is also Signing Date:26.08.2020 19:18:31 This file is digitally signed by PS to HMJ ANU MALHOTRA.
submitted on behalf of the applicant that in view of the prevailing pandemic, the scope of the applicant being infected with COVID 19 due to the overcrowding of prisons was also likely and that apart from the instant case there are no other antecedents against the applicant and that his jail conduct is satisfactory throughout which it is submitted is also borne out from the Nominal Roll dated 18.7.2020 sent by the Superintendent Central Jail No.3, Tihar. Vide order dated 1.7.2020 apart from the Nominal Roll that has been called for from the Jail, a specific report was also called for from the Superintendent Central Jail No.3, Tihar, Delhi where the applicant is lodged as to the measures being taken for prevention of spread of the COVID 19 . The said report in terms of the order dated 1.7.2020 was received from the Superintendent Central Jail No. 3, Tihar, Delhi detailing the measures that have been taken there in to the effect:
" 1. Screening of newly incarcerated inmates is carried out at entry gate (CPRO) itself by team of doctors and paramedical staff. The inmates showing symptoms of Influenza like illness (ILI) or having history of contact with suspected or confirmed case COVID-19 are being isolated in Central Jail No. 02, Tihar Inmates requiring de- addiction are quarantined/isolated in De-addiction Centre (DAC) in Central Jail No. 03, Tihar.
2. Newly lodged inmates are also being quarantined for 14 days to prevent spread of any possible infection to already lodged inmates.
3. Isolation wards have been earmarked (Ward No. 01 and
04) for separating inmates showing symptoms of ILI from other inmates.
4. Inmates coming from outside hospitals. Police custody, bail/parole, Court production at Tihar Jail Court Complex are also being quarantined for 14 days.
5. Face masks are being manufactured in Jail itself. All inmates and staff are provided with washable face masks, hand sanitizers and soaps regularly.
6. Sanitization of all wards, Deodhi, Hospital/Dispensary, common Kitchen, Inmate Telephone Call facilities, etc. is being carried out regularly.
Signature Not Verified 7. Entry is being allowed in Jail only after proper hand Digitally Signed By:SUMIT GHAI sanitization and screening for body temperature and Signing Date:26.08.2020 19:18:31 This file is digitally signed by PS to HMJ ANU MALHOTRA.
symptoms of ILI. Members of staff showing symptoms of ILI are returned back.
8. Screening and frisking are being carried out by staff with face shields, masks and gloves and hand sanitization after screening/frisking.
9. Isolation Corner has been set up at deodhy. Inmates coming for lodgment and showing symptoms of ILI are kept in isolation Corner till they are reviewed by Doctor on duty and are taken to isolation ward with all precautions.
10. All interviews/mulaqats have been temporarily suspended. Court productions have also been temporarily suspended and carried out only through video conferencing.
11. Inmates are being briefed regularly by staff and through PA system and Jail FM Radio about the ongoing pandemic, measures for prevention of spread of infection, measures to be taken if symptoms of ILI develop and about various measures ·taken by Jail administration for control of its spread inside Jails.
12. All inmates and Jail staff have been provided Arsenicum album 30 tablets in consultation with AYUSH Ministry.
13. Sampark Sabhas and Awareness Programs are being organized regularly for inmates and staff.
14. Flu corner has been set-up in Jail Dispensary and Hospital to segregate inmates with flu symptoms from other inmates. The separate waiting area for attendees of flu corner has also been provided. Inmates are being attendant in small batches to avoid overcrowding. Doctors and paramedical staff are visiting individual wards/ barracks to individual Jails instead of calling inmates to Central Jail Hospital to prevent inter-Jail movement.
15. Members of the staff with history of close contact with person having ILI symptoms are being advised to self- quarantine themselves at home. Staffs with family members working in health care facilities, Police or other frontline workers have been direction to report daily to Senior Medical Officer In-charge of respective Jail dispensary for screening and counseling. Staffs residing in Government Declared Containment Zones have been advised not to come for duty after intimating office/branch in-charge.
16. Special Task Force (STF) has been constituted in each Signature Not Verified jail for 'Contact Tracing' if any inmate is found COVID-19 Digitally Signed By:SUMIT GHAI Positive.
Signing Date:26.08.2020 19:18:31 This file is digitally signed by PS to HMJ ANU MALHOTRA.
17. Measures are being undertaken to decongest the Jails to prevent overcrowding. Inmates are being released on emergency parole and interim bail. Inmates from more crowded Tihar and Rohini Jails have been shifted to Mandoli Jail."
On behalf of the State along with the said report was also a report of Dr. Aakash Narade, the Medical Officer Incharge, Dispensary, Central Jail No.3 to the similar effect.
On behalf of the State, the learned APP for the State has vehemently opposed the prayer submitting to the effect that despite the aspect of the applicant having been incarcerated for a period of more than two years in the instant case, the gravity of the offence alleged against the applicant is one of the rarest of rare cases committed which suffices to negate the grant of interim bail in as much as the prosecution witnesses examined i.e. the daughter of the deceased and a neighbour and the FSL report corroborate the allegations levelled against the applicant of the murder of the deceased i.e., his wife by cutting her body into pieces and throwing them into a plot stand established.
On a consideration of the submissions that have been made on behalf of either side without any observations on the merits or demerits of the trial that is in progress in relation to the case before the learned Trial Court, it is considered essential to observe that allegations in the instant case of the applicant having murdered his wife and having cut her body into pieces and throwing it into a plot, with the FSL report on the record placed by the State indicating to the effect that the knife and the iron cutter that have been seized in the instant case are stated to have been recovered at the behest of the applicant as contended on behalf of the State, were found to bear the DNA profile of human female in origin and was consistent with the DNA profile of Phool Begum, the deceased as per her nail clippings, hair and piece of bone. Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:26.08.2020 19:18:31 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Taking into account the said aspect that the report from the Superintendent Central Jail No.3 and from Dr. Aakash Narade, the Medical Officer Incharge, Central Jail No.3 Dispensary indicates that the adequate prevention for the spread of COVID-19 is being taken in the Central Jail No.3, Tihar, Delhi there is no ground whatsoever for grant of interim bail as prayed by the applicant. The Bail Apln. No. 1483/2020 is thus declined.
ANU MALHOTRA, J AUGUST 25, 2020 sv Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:26.08.2020 19:18:31 This file is digitally signed by PS to HMJ ANU MALHOTRA.