The high-power committee mandated with the release of prisoners sentenced to seven years’ imprisonment on bail during the coronavirus pandemic, on Wednesday sought time to file a reply in a plea seeking release filed by two undertrials at the Aurangabad Bench of the Bombay High Court.
Nitin Shelke and Madhukar Suryawanshi were booked under various provisions of the Indian Penal Code and the Maharashtra Protection of Interest of Depositors (MPID) Act that sentences them to six years in prison. They are in Harsul Jail, Aurangabad, where the sanctioned strength is 589 but the total number of inmates is 1,828. Only 74 prisoners were temporarily released following the committee’s decision.
The petition states, “The accused are booked under the MPID Act wherein the maximum punishment is six years. However, despite being otherwise eligible for availing of bail, the petitioners are left out due to the arbitrary classification made by the committee.”
They have also alleged that the Under Trial Review Committee has failed to conduct meetings and take decisions regarding undertrials’ release on a weekly basis, as directed by the Supreme Court.
In an attempt to ensure social distancing during the coronavirus pandemic, the Supreme Court directed the State government to constitute a high-powered committee comprising the chairman of the State Legal Services Committee, the principal secretary (Home/Prisons) and the Director General of Prisons, to determine which class of prisoners can be released on parole or an interim bail for an appropriate period.
On March 25, 2020, the committee directed that prisoners (undertrials and convicts) who are accused of offences punishable with seven years or less, shall be released on temporary bail or parole as may be deemed fit.
The advocate appearing for the committee sought time to file a reply. Justice R.G. Awachat has posted the matter to be heard on April 15.