On 28th July 2020, Justice A.R Chandurkar and Justice Amit B. Borkar heard the case of Gokalkonda Naga Saibaba v. The State of Maharashtra. The Court rejected the bail plea of G.N. Saibaba.
Facts of the Case
The applicant committed offences under the Unlawful Activities (Prevention) Act, 1967, for which he was convicted for life. Due to certain health problems, he filed a bail application in the Court to get temporary bail for 45 days.
The learned counsel for the applicant stated that the applicant deserved bail on two grounds:
- The COVID-19 infection is spreading in jail due to which many prison inmates and prison authorities had gotten infected, hence there are chances that the applicant may get infected by the same.
- The health condition of the applicant had been deteriorating day by day.
Additionally, since his mother is also not doing very well at this time, he needed to be with her. The two jail attendees who were looking after him had also not returned because of the lockdown. There was a lack of food and medical supplies, as well.
The learned counsel for the respondent referred to the report on the health status of the applicant prepared by the Chief Medical Officer of the Nagpur Central Prison. According to the report, the applicant had tested negative for the coronavirus infection. Furthermore, the fact that he was in a high-security prison cell meant that there could be no contact between the applicant and other inmates in the jail. Moreover, the necessary medicine and food supply of the applicant was being taken care of effectively.
Generally, the prison staff also undergo blood tests to check the infection of COVID-19, and only those who test negative are allowed inside the prison. Additionally, the bail application previously filed by the applicant was rejected by the Court on 25th July 2020, and in that bail application, the applicant had not stated the present facts. Therefore this present application should be rejected.
The Court relied on the medical report of the Chief Medical Officer Nagpur and observed that the applicant tested negative for COVID-19, and no evidence was submitted by the applicant that could prove his health deterioration. Moreover, the applicant was kept separately from other inmates, which ruled out the argument that he could be infected by the virus.
The Court rejected the bail application based on the medical reports given by the Chief Medical Officer, Nagpur, and on the statements presented by the jail authorities that the health of the applicant is being taken care of.
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