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2020 (5) TMI 429 - HC - Companies LawBail application - applicant has chosen to file the present bail application under sections 439 Cr.P.C. for immediate release till such time that the pandemic COVID-19 (Corona Virus) is curtailed - main case of applicant is that due to Covid-19 (Corona Virus) infection, the applicants being a sick person has great risk to his life if he is kept in jail where there are much chances of he being infected by said Corona Virus - HELD THAT:- It is apparent that the Committee has resolved to release the under trial prisoners on interim bail, who are facing criminal cases in which the maximum sentence is of 7 years and presently confined in jails, for a period of eight weeks by the competent courts. Thus, the contention of Assistant Solicitor General Sri Gyan Prakash appearing on behalf of the respondent, who vehemently argued that the applicant is not entitled for bail/interim bail as per the order passed by the Apex Court Suo Motu in the aforesaid writ petition by which a High Powered Committee has been constituted as the case of the applicant is distinguishable from the under trial prisoners as the offence in which the applicant has been confined in jail is punishable with a maximum sentence upto 10 years, appears to have substance - Moreover, so far as the risk of applicant being infected due to Corona Virus because of his illness in the lack of following strict norms of social distancing measures including face to face interaction is concerned, it has been pointed by learned Assistant Solicitor General that the applicant is not such a sick person, who is not able to perform normal pursuits of his life as he is only suffering from urinary infection and stated to be having low blood sugar for which there is adequate facility of his treatment in the jail hospital and the applicant had himself admitted that he was admitted in the jail hospital on 27.3.2020. Taking into account the nature and gravity of the offence which shakes the conscience of the society and public at large, investigation being still pending and there are strong apprehension that there would be chances of tampering of evidence by the applicant, the prayer of the applicant for grant of immediate release till such time that pandemic COVID-19 (Corona Virus) is curtailed, is hereby refused - the prayer made in the present bail application for immediate release on bail till such time that pandemic COVID-19 (Corona Virus) is curtailed to the applicant, namely, Rahul Kothari is hereby rejected. Application dismissed.
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