The Bombay High Court refused tohear a bail application on Friday, saying it can not expect police officials who are engaged in enforcing lockdown for containing coronavirus to travel to court for such hearings.In view of the pandemic, the high court and all other courts must consider the urgency before taking up such matters which need police's presence or assistance, said Justice A M Badar in his order.The court was hearing a bail plea filed by Sopan Lanjekar, arrested in a cheating case last year.The judge refused to hear the plea saying the court cannot entertain regular bail applications unless an urgent circumstance is pointed out."The present application is moved for bail at a time when the entire world is facing a pandemic and is trying to fight it out together by various means and modes," the court said.Release of an accused or convict at the cost of breaching the order of lockdown and risking lives of many others cannot be considered to be an extremely urgent matter, it added.It noted that Maharashtra is worst affected by the pandemic in the country. "Day by day number of such patients is multiplying. In Maharashtra, figure of confirmed infected patients is touching 500," the court said in its order."The entire law enforcing machinery is focusing on implementation of the lockdown throughout the state by virtually remaining on the field for 24 hours," it added.In such a situation, courts can not insist that police officers travel to court and assist public prosecutors by leaving their jurisdiction where their presence is must, Justice Badar said.The police are also dealing with incidents of assault on doctors, nurses and other paramedical staff, and in this situation, "presence of 100 percent members of Police Force on the field, rather than in the Court, is absolutely essential for a limited period of lockdown", the judge said."In this scenario, the prime and the only urgency this court is required to take into consideration or to look into, is how to save lives of people, be it prisoners or public," he said.The HC directed that Lanjekar's bail plea be posted for hearing when the lockdown is relaxed and regular court starts functioning.
