Page 96 - GSTL_21st May 2020_Vol 36_Part 3

342 GST LAW TIMES [ Vol. 36
trial is charged with or any other relevant factor, which the Com-
mittee may consider appropriate, would be the guiding factors for
taking a decision.
(iii) It has been clarified that the directions issued on 23-3-2020 were not
to be interpreted so as to mean that the prisoners have to be com-
pulsorily released from prisons.
8. It is correct that the present case is a case where the allegations
against the petitioners are in respect of Section 132 of GST Act, 2017 which is
punishable for a maximum sentence of 5 years and that as per the policy cases of
under trials charged with offences punishable for a sentence of up to 7 years
could be considered. However, the offence assumes gravity in view of the colos-
sal amount involved in the present case which is ` 20 crores appx. and is certain-
ly a factor to be borne in mind while considering the release of the petitioner on
interim bail. Infact the allegations are to the effect that the petitioners had forged
bills and other documents in furtherance of their designs to cause loss to State
Exchequeuer which prima facie would also attract an offence punishable under
Section 467 IPC which is punishable with imprisonment for life.
9. Further, as has been clarified by the Supreme Court, the prisoners
are not to be compulsorily released. The primary object of the directions issued
by Supreme Court is to protect the health of the prisoners and restrict transmis-
sion of COVID-19 by decongestion of prisons. The move certainly cannot be
treated as a windfall for all the prisoners even when there is no imminent threat
or apprehension within the jail premises as on date as regards spread of pandem-
ic. It has been informed by Learned State Counsel that there is no reported case
of COVID-19 within jail premises and that the fresh entrants, if any, are lodged
separately.
10. It was on 24th March that a complete lockdown for 21 days was
imposed in the nation which stands extended up to 3rd of May. Till 24th of
March there would have been a regular inflow of fresh prisoners in the jail con-
sequent upon arrest in freshly instituted cases or on account of convictions rec-
orded just before the lockdown. However, after imposition of lockdown in the
entire nation, everything has come to a grinding halt and even the inflow of fresh
inmates would have been drastically reduced. It is only when a person comes in
contact with someone infected that there are chances of the other person con-
tracting the virus. Since it is more than 3 weeks after the lockdown was imposed,
the number of fresh entrants in the jail would be minimal. It has been informed
by Learned State Counsel that there is no congestion in Nabha Jail and that the
number of inmates presently confined therein is less than the capacity of the jail
and that another 47 inmates are to be transferred to other jails shortly. It has fur-
ther been submitted that there is no reported case of COVID-19 within the prem-
ises of jail. From the aforesaid facts, it can, thus, safely be said that the prisoners
within the New District Jail, Nabha are relatively safe.
11. This Court also draws strength from the fact that State of Bihar has
chosen not to release any of the prisoners as the jails are not congested and there
was no reported case of corona virus in the jails and the said fact was duly no-
ticed by Supreme Court in its order dated 23-3-2020. Since the Nabha Jail already
stands decongested and there is no reported case of COVID-19 within the prem-
ises of jail, therefore keeping in view the nature and gravity of offence and the
amount involved this Court does not deem it appropriate to grant interim bail to
the petitioner. The application, as such, is dismissed.
GST LAW TIMES  21st May 2020  96