MANISHA Vs. STATE OF M.P.

JUDGEMENT

(1.) 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 has observed as under :

(2.) In view of the aforesaid and considering the facts and circumstances of the present case, the fact that applicant is a girl aged around 19 years and she is in custody since 29/06/2020, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on her furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for her regular appearance before the trial Court concerned on the dates fixed it.

(3.) In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, her Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to her house, and if her test is found positive then the applicant shall be immediately sent to concerning hospital for her treatment as per medical norms. If the applicant is fit for release and if she is in a position to make her personal arrangements, then she shall be released only after taking due travel permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take her in custody and would send her to the same jail from where she was released.