No guarantee that accused moving outside jail are immune from Covid-19 infection: Punjab and Haryana high court

CHANDIGARH: Dismissing the bail plea of Senior IPS of Himachal Pradesh Zahur Haider Zaidi, an accused in the infamous Kothkhai custodial case, the Punjab and Haryana high court has observed that "there is no guarantee that the persons who are moving outside are immune from any such infection".
The HC also held that Zaidi cannot categorise himself with persons who have been found more prone to be fatally affected in case of being infected with the Covid-19 disease.
Presently confined in Chandigarh’s Burail jail, Zaidi had sought interim bail for 60 days in view of his health condition and the risk feared due to Covid-19 pandemic inside the jail.
"The current medical position of the petitioner does not show that after he was taken into custody on account of the order dated January 24, 2020, his health condition has worsened in any manner. Merely the apprehension that the disease might hit the inmates of Burail Jail would not be a ground to grant interim bail. The said infection is spreading and social distancing is thus being advised and there is no such guarantee that the persons who are moving outside are immune from any such infection and that the petitioner would be entitled for interim bail merely on this ground," HC has observed while dismissing Zaidi’s plea.
Justice G S Sandhawali of the HC has released this order on Thursday while dismissing a hand-written plea for interim bail filed by Zaidi from Burail jail.
"Admittedly the petitioner is only 51-years-old and though might have been diagnosed as a known case of hypertension with dyslipidemia and was under treatment since 2015 at IGMC, Shimla but he cannot categorize himself as person in that age bracket of 65 years of age or above being a person with co-morbidities who have been found more prone to be fatally affected in case of being infected with the COVID-19 disease," observed Justice Sandhawali in his detailed order.
However, the main plea of Zaidi seeking bail would come up for hearing on May 21 for hearing before the HC.
Strongly opposing the interim bail sought by Zaidi, counsel for CBI, Sumeet Goel had submitted that Burail jail already been de-congested and mere apprehension of the disease breaking out in Burail Jail would not entitle the petitioner for interim bail as a matter of right. Goel also argued that this case does not fall under the purview of the directions issued by the Supreme Court regarding release of under trials and convicts on bail and parole.
Referring the risk due to Covid-19 pandemic, Zaidi had submitted that jail in which he is incarnated is a crowded place and it is not possible to follow the norms of social distancing required to be maintained at present. He has also referred to his medical history regarding hypertension and heart ailments.