Isolation Wards Required In Jails To Avoid Interim Bail In Serious Offences When Accused Infected With Contagious Disease: Delhi HC To IG Prisons

The Delhi High Court has directed Inspector General (Prisons) to ensure that isolation medical wards or quarantine zones are created in all city jails so that there is no compelling need to release inmates repeatedly on interim bail, who are facing trial for serious offences and are suffering from contagious disease.

The direction was passed by Justice Asha Menon while granting interim bail for a period of two months to one Arvind Yadav suffering from Herpes, undergoing trial in a case registered under Sections 21, 25 and 29 of NDPS Act, 1985.

As per the medical report dated 30th August, 2022, it was stated that the inmate was suffering from Herpes, which is a contagious disease, clubbed with lesions and pain.

The plea was opposed by the prosecution by arguing that the inmate applicant was taking benefit of repeated interim bail orders and that his regular bail applications were rejected even up to the Supreme Court vide order dated 8th March, 2022.

It was also argued that interim bail may not be granted keeping view of the fact that the trial was also almost complete and only three witnesses were left to be examined. The next date of hearing before the Trial Court was 20th September, 2022.

"…it is considered that since Herpes is a contagious disease and irrespective of the fact that the applicant has been granted interim bail on occasions, which admittedly he has not misused, and his regular bail application has also been rejected, the fact that a person suffering from a contagious disease is continued to be allowed to stay in the jail with no provision for quarantine is a matter of concern," the Court noted.

Taking note of the fact that the Report of Jail's Senior Medical Officer stated that the inmate's condition would improve in cooler weather, the Court granted him interim bail for a period of two months.

The Court allowed the plea, subject to the applicant furnishing a personal surety bond of Rs.1 lakh with one surety of like amount.

Case Title: ARVIND YADAV v. STATE (GOVT. OF NCT OF DELHI)

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