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Judgment
G.S. Ahluwalia, J
This petition under Section 482 of Cr.P.C. has been filed seeking modification of order dated 24.4.2021 passed by this Court in
M.Cr.C.No.19142/2021 by which the applicant was granted temporary bail for a period of four months in the wake of second wave of Covid-19
pandemic.
The contention of counsel for the applicant that the period of temporary bail is yet to expire and by this petition for modification, he is seeking that the
interim bail granted to the applicant may be converted into regular bail till conclusion of the trial.
The submission made by the counsel for the applicant is completely misconceived and cannot be considered at all.
The applicant was granted interim bail in the light of the order passed by the Supreme Court in the case of IN RE : CONTAGION OF COVID 19
VIRUS IN PRISONS in SUO MOTU W.P. (C) No. 1/2020 with a solitary intention to decongest the jail. The interim bail which is in fact in the
nature of parole cannot be converted into regular bail. If the applicant wants to move an application under Section 439 of Cr.P.C. for grant of regular
bail, then he has to surrender and thereafter move the said application. This order of interim bail cannot be modified thereby converting into the order
of regular bail till conclusion of trial.
Accordingly, the application fails and is hereby dismissed.