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7. The Apex Court on 1.4.2020 was pleased to dispose of the said writ petition and directed the applicants to approach High Court by filing bail applications thus, the applicants have filed the present bail application before this Court seeking interim bail.

8. Learned counsel for the applicants submits that applicant no. 1 is suffering from Type-II diabetes and is also asthmatic patient and suffered from frequent asthmatic attack and he is required to take insulin injection as well as other medicines for asthma to maintain his health. So far as applicant no. 2 is concerned, he is Senior citizen aged about 63 years and is also Type-II diabetic patient suffering from ill health for a long time. Further he is overweight and has a diminished lung capacity and he is also required to take insulin injection as well as other medicine in order to maintain his health. It has been vehemently argued by learned counsel for the applicants that due to Covid-19, the life of the applicants is under great threat and particularly when they are also suffering from the disease of diabetes and asthma and there are increased risk of severe suffering from Corona Virus and they should be particularly stringent in following social distancing measures including significantly limiting face to face interaction. He submitted that the applicants are presently confined in District Jail, Kanpur Nagar which is over crowded and due to large number of persons in the said jail, the inmates are highly suspected to come into contact of Covid-19 (Novel Corona Virus). He submitted that the Apex Court taking suo motu cognizance of the threat to prisoners of various prisons in India, into the light of Corona Virus, on 16.3.2020 passed an order in Suo Motu Writ Petition (Civil) No. 1 of 2020 and thereafter passed an order in the said petition on 23.3.2020 for releasing the inmates of jail directing the respective States/Union Territories to constitute a high power committee and consider the release of prisoners, who have been convicted or under trial for the offence for which prescribed punishment are about 7 years or less, with or without fine and the prisoners has been convicted for lesser number of years than the maximum. Learned counsel for the applicants has placed reliance on the order of the Delhi High Court in the case of Arvind Yadav vs. N.C.T. Delhi being numbered as Bail Application No. 778 of 2020 where the Delhi High Court vide order dated 22.4.2020 was pleased to grant interim bail to the accused, who was involved under the N.D.P.S. Act, 1985 considering the lock down due to Covid-19. He also placed reliance on another judgment of the Delhi High Court in the case of Babulal vs. N.C.T. Delhi in Crl. Appeal No. 291 of 2020 by which the Delhi High Court vide order dated 20.4.2020 was pleased to grant interim suspension of sentence to the appellant, who was sentenced for heinous crimes under the POCSO Act, considering the "unprecedented circumstances of a public health emergency that prevail today and the consequent need to decongest prisons for overall medical safety of all the prisoners...".

13. From a perusal of the aforesaid order passed by the Apex Court, it is apparent that the applicants were given liberty to approach this Court by filing bail application and the applicants in pursuance of the said order, had filed the present application under section 439 Cr.P.C. for interim bail taking into account serious threat to their lives because of the severe illness, from Corona Virus. Thus it is clear that no regular bail application has been filed by the applicants nor the same is pending before this Court or before the Special Judge, (Companies Act, 2013) at Kanpur Nagar. The applicants without moving regular bail application before this Court in the present case, have come up with a prayer only for grant of interim bail due to Covid-19 (Corona Virus) which speaks of lot of their conduct and the contention of counsel for the respondent appears to be justified to a great extent that the applicants want to seek relief indirectly which they cannot seek directly being a difficult task, realizing the nature and gravity of the offence as nothing had stopped them to file a regular bail applications before this Court on merits which this Court is also hearing showing urgency in the matters.

14. Be that as it may. The applicants have chosen to file the present bail application under sections 439 Cr.P.C. for interim bail, the Court in the interest of justice proceeds to decide the same with the prayer made therein.

15. The main thrust which has been canvassed by learned counsel for the applicants is that due to Covid-19 (Corona Virus) infection, the applicants being diabetic patients have great risk to their lives if they are kept in jail where there are much chances of they being infected by Corona Virus. The applicant no. 1 is the son of applicant no. 2 and further claims that he is also a patient of Asthma. Due to over crowding in District Jail where they are confined they cannot follow the guideline of social distancing measures, including significantly limiting face to face interaction and due to lack of medical care regarding their lives in the prevalent environment in jail, they may be released on interim bail by this Court. In this regard, the applicant's counsel have also drawn the attention of Court towards the order dated 23.3.2020 passed by the Apex Court Suo Motu in the aforesaid writ petition and also circular dated 18.3.2020 of this Court whereby the working of court below has been suspended. So far as the order dated 23.3.2020, it is evident that the Apex Court has directed each State/Union Territories to constitute a High Powered Committee to determine which class of prisoners can be released on parole or on interim bail for said period as may be thought appropriate. The Court has directed that the State/Union Territories could consider the release of the prisoners, who have been convicted or under trial for the offence which prescribed punishment upto 7 years or less, with or without fine and the prisoners, who have been convicted for lesser number of years than the maximum. The Apex Court further left it open for the High Powered Committee to determine the category of prisoners, who should be release as aforesaid, depending upon gravity and the nature of offence and other relevant factor thereto. In pursuance of the same, High Powered Committee had been constituted in the State of U.P. as has been informed by the Secretary U.P. Legal Services Authorities Lucknow vide order dated 27th March, 2020 and as per the resolution of the High Powered Committee in its meeting dated 27.3.2020 had issued certain directions regarding convicted and under trial prisoners and has resolved as follows:-

16. From a perusal of the resolution of the said Committee, it is apparent that the Committee has resolved to release the under trial prisoners on interim bail, who are facing criminal cases in which the maximum sentence is of 7 years and presently confined in jails, for a period of eight weeks by the competent courts. Thus, the contention of Assistant Solicitor General Sri Gyan Prakash appearing on behalf of the respondents, who vehemently argued that the applicants are not entitled for interim bail as per the order passed by the Apex Court Suo Motu in the aforesaid writ petition by which a High Powered Committee has been constituted as their case is distinguishable from under trial prisoners as the offence in which the applicants have been confined in jail is punishable with a maximum sentence upto 10 years, appears to have substance. Moreover, so far as the risk of applicants being infected due to Corona Virus because of their severe illness in the lack of following strict norms of social distancing measures including face to face interaction is concerned, it has been pointed by learned Assistant Solicitor General that the applicants had moved an application before the Special Judge (Companies Act) Kanpur Nagar for providing them home cooked food, clothes, bedding and medicines etc. was not opposed by the S.F.I.O. on account of which the same are being provided to them and the said fact has not been denied by learned counsel for the applicants but he has submitted that the said facilities is not adequate for the applicants to run the risk of their lives as the present interim bail application has been filed only on the ground of risk to life of the applicants because of their illness and coming in contact with Covid-19 (Corona Virus) infected persons. The main thrust of the argument of learned counsel for the applicants was only on the said issue though he tried to argue on the merits of the case in short stating that the Central Government has ordered for investigation by Serious Fraud Investigation Officer through its Director-respondent no. 2 by its order dated 21.2.2018 and 22.8.2019 respectively as is apparent from the grounds of arrest which has been enclosed along with the present application but the same has yet not been concluded by the Investigating Officer nor report has been submitted to the Central Government by it, hence no fruitful purpose would be served if the applicants are being detained in jail as no investigation is taking place and no Inspector of respondent no. 2 has visited the jail for the purpose of investigation since the date, i.e., 19.3.2020 they have been detained in jail. He stated that the applicants have been co-operating in the investigation and the applicant no. 1 was arrested by the respondent no. 2 when he went for the purpose of interrogation on 19.3.2020 at Delhi and no complaint has been filed till date under the Companies Act, 2013 in pursuance of the said investigation. With respect to the argument of learned counsel for the applicants, the Court only wants to observe that from a perusal of the ground of arrest, it is apparent that applicant no. 1 Sujay Desai was the Director/CEO of F.I.L. and along with said Company, the investigation has been ordered and is underway into the affairs of Rotomac Global Pvt. Ltd. and 10 other Companies and Frost International Limited by S.F.I.O. in public interest under the order dated 21.2.2018 and 22.8.2019 respectively of Ministry of Corporate Affairs, Government of India and applicant no. 2 Uday J. Desai was functioning as Director of Frost International Limited from 31.5.1995 onward and as Managing Director of the said Company from 29.12.2008 onward and under their direction they used Merchantile Trade for rotation of funds continuously manipulating and falsified books of account and financial statements of the Company to fraudulently inducing the Banks and Public Financial Institutions for obtaining credit facilities. As a result of fraudulent activities, the Company has defaulted against outstanding liabilities of Rs. 3578/- crores approximately to Banks and Public Financial Institutions thereby causing wrongful loss to them and their acts and omission are punishable under section 447 and 448 of the Companies Act, 2013. Learned Assistant Solicitor General appearing on behalf of the respondents through his objection filed has drawn the attention of the Court that the applicants have been arrested for the commission of offence of fraud with Public Sector Banks and Financial Institutions involving total amount of Rs. 7500/- crores approximately (Rs. 4000/- crores approximately in RGPL and Rs. 3500/- crores in F.I.L.) and the Ministry of Corporate Affairs vide order dated 21.2.2018 ordered investigation into the affairs of 11 Companies of Rotomac Group and Frost International Ltd. and during investigation, it has been revealed that the approval was taken from Ministry of Corporate Affairs to investigate the affairs of another Company, i.e., F.I.L. and Ministry of Corporate Affairs vide order dated 22.8.2019 granted the said approval.