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The Supreme Court by order dated 23-3-2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the prisons. The Supreme Court THE HIGH COURT OF MADHYA PRADESH Criminal Appeal No.2686/2020 (Kailash Narayan Ahirwar Vs. State of M.P.) has observed as under :

"The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID - 19).
Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum.

As this Court is not in a position to consider the facts of the THE HIGH COURT OF MADHYA PRADESH Criminal Appeal No.2686/2020 (Kailash Narayan Ahirwar Vs. State of M.P.) case in detail, however, considering the fact in view of Covid19 pandemic and overall facts and circumstance of the case and looking to the submissions and undertaking as given above, without commenting on the merits of the case as there is no possibility of early hearing of this criminal appeal before this Court, I.A. No.2625/2020 is allowed and it is ordered that on furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) to the satisfaction of the concerned trial Court, appellant's jail sentence shall remain suspended temporarily for a period of 45 days. The appellants shall be at liberty to reiterate his prayer before lapse of 45 days. Appellant shall install Arogya Setu App in his mobile immediately and would intimate his place of residence to the SHO of concerned Police Station; where he resides. Appellant further submit the undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic.