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'Bail Order To Be Given Effect Only If Applicant Tests Negative For Covid-19': Gujarat High Court Imposes Condition

Akshita Saxena
27 April 2021 6:59 AM GMT
Bail Order To Be Given Effect Only If Applicant Tests Negative For Covid-19: Gujarat High Court Imposes Condition
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As a measure of abundant caution and to prevent the spread of Covid-19 infection in the State, the Gujarat High Court has been directing that prisoners whose bail pleas are allowed, should be made to undergo the Covid-19 Test. "It is only in the even that applicant is tested negative, benefit of this order shall be given to him and he shall be released on temporary bail," the...

As a measure of abundant caution and to prevent the spread of Covid-19 infection in the State, the Gujarat High Court has been directing that prisoners whose bail pleas are allowed, should be made to undergo the Covid-19 Test.

"It is only in the even that applicant is tested negative, benefit of this order shall be given to him and he shall be released on temporary bail," the Court prescribed in at least seven bail orders.

This condition for bail has been imposed in orders passed by a Single Bench of Justice RM Chhaya and another Division Bench comprising of Justice Chhaya and Justice NV Anjaria.

The Court ordered that before releasing the applicant on temporary bail, the jail authorities shall require the applicant to undergo COVID­19 test and only in case the test result returns negative, will the bail order be given effect.

It further ordered that when such applicant returns after enjoying the leave (temporary bail), the jail authorities shall subject him to the (quarantine) protocol required to be observed in respect of the COVID­19 pandemic.

These orders assume significance in view of the upsurge in Covid-19 cases during the second wave of the pandemic.

Significantly, the Gujarat High Court has taken note of the situation and has instituted suo moto proceedings to address the prevailing issues.

In its latest order, a CJ-led Bench of the High Court has asked the Government to sensitize and educate the public at large to break the Covid-chain and ultimately result in stabilizing the increase in numbers, flattening the curve and thereafter move towards decline.

The Court also heard issues pertaining to availability of hospital beds, Remdesivir injection, etc. and sought response from the State. The matter will be heard again, today.


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