Accused & Convicted Prisoners can gets Bail/Big Decision of High Court

Accursed & Convicted Prisoners can gets Bail/Big Decision of High Court
RELEASE OF ACCUSED/CONVICT PERSONS ON BAIL: AS A PREVENTIVE MEASURE TO AVOID FURTHER SPREAD OF COVID-19 (CORONA VIRUS)

LAHORE HIGH COURT, LAHORE
(PE&CB Branch Contact No. 042-99212951-70 Ext No. 200)
No. 5231/PE&CB

From
The Director General, Directorate of District Judiciary, Lahore High Court, Lahore:

To

All the District & Sessions Judges, in the Punjab.
Dated, Lahore the 26th March, 2020

Subject:- RELEASE OF ACCUSED/CONVICT PERSONS ON BAIL: AS A PREVENTIVE MEASURE TO AVOID FURTHER SPREAD OF COVID-19 (CORONA VIRUS)

Dear Sir, In the wake of prevailing situation, the rapid spread of Corona Virus, the Hon'ble Authority has been pleased to desire that the Superintendents of the concerned Jails shall move bail applications(fresh or second as the case may be) of the Prisoners of following categories:-

(i)Under-trial prisoners of offences, providing less than seven years imprisonment;

ii) Convicts with imprisonment of less than seven years;

(iii) Under-trial prisoners of offences not falling with in prohibitory clause;

(iv) Under-trial prisoners of offences providing imprisonment of ten years or above;

(v)Under-trial juvenile accused persons;

(vi) Juvenile convicts,

(vii) Under-trial women, and

(viii) Convict women.

2. The Superintendents of the Jails shall move such applications of the prisoners (with their concurrence) undergoing sentence of less than seven years directly to the District & Sessions Judge concerned. Upon receipt of such applications, D&SJ shall entrust the same to the concermed trial court/Duty Judge for appropriate orders. However, the applications of the prisoners undergoing the sentence for the period of more than seven years upto life imprisonment and have also served at least half part of such sentence, will be directly forwarded by the Superintendents of Jails to the High Court through the Registrar.

3. In case of acceptance of bail, it will be at the discretion of the learned trial court to release the convict after obtaining bail bonds or on personal surety bonds. Learned Trial Courts shall decide such applications at the earliest. It is unequivocally mentioned that this extraordinary concession of bail will not be applicable to the undertrial and convicted prisoners, under any provision of the Anti- Terrorism Act, 1997.

4. Since in jails mumber of new prisoners are lodged and released either because of their acquittal, on completion of their sentence or suspension of their sentennce; hence being the head of Criminal Justice Coordination Committee, ensure that jails administration must inform the District Police Officer (D.P.O) on daily basis about the names and addresses of prisoners to be released from the jail. The D.P.O shall ensure that such prisoners must not be mixed up with general public and to remain in complete isolation at their home at least for 2-weeks. In this regard you are requested to obtain daily report thereof from the D.P.O.

5. In the meanwhile, Superintendent jail/s are directed to ensure that until the spread of Corona Virus comes to an end, new entrants in the jail are kept separately under observation of medical officer of the jail at least for 2-weeks and after successful completion of this period to the satisfaction of the medical officer, jail administration will be at liberty either to keep freshly lodged prisoners in separate cell or to allow them mixing up with the inmates earlier not found the victims of Corona Virus.

6. Please ensure strict compliance.

Yours faithfully,
MALIK MUSHTAQ AHMAD OJLA
DIRECTOR GENERAL DIRECTORATE OF DISTRICT JUDICIARY

Endst No. & date even Copy forwarded for information and necessary action to:-
1. The Inspector General of Police, Punjab, Lahore
2. The Inspector General, Prisons Punjab, Lahore.
3. All the Deputy Commissioners in Punjab.
4. All the District Police Offiers (DPOS) in Punjab.

DIRECTOR GENERAL DIRECTORATE OF DISTRICT JUDICIARY