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TMI Blog2020 (4) TMI 573X X X X Extracts X X X X X X X X Extracts X X X X ..... be released on the same terms and conditions as those laid down in the aforesaid order dated 10.05.2019, except that they shall not be required to furnish a bond in the sum of ₹ 1,00,000/-. Application disposed off. - Suo Motu Writ Petition (Civil) No. 1 of 2020 - - - Dated:- 13-4-2020 - Hon'ble The Chief Justice, Hon'ble Mr. Justice L. Nageswara Rao And Hon'ble Mr. Justice Mohan M. Shantanagoudar For the Parties : Mr. K.K. Venugopal, AG, Mr. Tushar Mehta, S.G., Mr. B.V. Balaram Das, AOR, Mr. Dushyant Dave, Sr. Adv. (A.C.), Mr. Salman Khurshid, Sr. Adv., Ms. Srishti Agnihotri, AOR, Mr. Colin Gonsalves, Sr. Adv., Mr. Harmeet Singh Ruprah, AOR, Mr. Sanjay Jain, AOR (Not Present), Mr. Shuvodeep Roy, AOR, Mr. Mili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te Legal Services Committee, (ii) the Principal Secretary(Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may bethought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are undertrial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum. It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red Committee constituted by each State/Union Territory. Secondly, there is a direction to permit transportation of prisoners who have been released to make the release effective. Learned Attorney General submits that pursuant to this Court s orders dated 23.03.2020 and 07.04.2020, certain prisoners have been released on the recommendation of the High Powered Committees except in the States of Delhi and Goa. Insofar as State of Bihar is concerned, no prisoner has been released as the State Government is of the opinion that their jails are not overcrowded and no prisoner is suffering from coronavirus (COVID- 19). Mr. K.K. Venugopal, learned Attorney General for India vehemently submits that the release and transportation of the pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 10.05.2019 in Writ Petition (Civil) No.1045 of 2018 titled as Supreme Court Legal Services Committee v. Union of India Others , this Court directed as follows: Insofar as the release of detenues who have served long period of detention in the detention centres awaiting their deportation is concerned, we are of the view that detenues who have completed more than three years may be released, subject to the following conditions:- (a) Execution of bond with two sureties of ₹ 1,00,000/- (Rupees one lakh only) each of Indian citizens; (b) He or she specifies verifiable address of stay after release; (c) Biometric of his/her iris (if possible) and all ten fingerprints and photos shall be captured and s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 10.05.2019 was passed when there was no danger of any pandemic like the present one. Having regard to the present circumstances prevailing in the country and having regard to the fact that we have already permitted the release of prisoners and people under detention in general, and such detenues who have completed three years upon their declaration as foreigners, we see no reason why the period should not be reduced from three years to two years, that is to say, the prisoners or detenues who have been under detention for two years shall be entitled to be released on the same terms and conditions as those laid down in the aforesaid order dated 10.05.2019, except that they shall not be required to furnish a bond in the sum of ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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