Delhi HC Directs Release Of Woman Convict On Personal Bond Without Surety
The Delhi High Court has directed the release of a woman who was convicted under the anti-trafficking law on a personal bond only after she failed to furnish the required surety saying every day of freedom matters and she cannot be made to stay in jail for the reason that she could not furnish surety.
Justice Jasmeet Singh modified the condition concerning the surety in the earlier order suspending the sentence imposed upon the woman and observed that she must be entitled to its benefit in the true letter, spirit, and intent of the relief.
"I am of the view that once an order of suspension has been passed, the applicant must be entitled to its benefit in its true letter, spirit and intent. Every day of freedom matters and the applicant cannot be made to stay in jail for the reason that she could not furnish surety", the Court said in its recent order.
The Court noted that the applicant has a permanent place of residence in Ghaziabad, Uttar Pradesh.
The Court directed that the applicant be released on a personal bond of Rs 10,000 and ordered that she shall report to the nearest local police station twice a week, share her mobile number with the investigating officer, keep the mobile number as well as the live pin of location on at all times.
"In this view of the matter, I further modify the condition imposed vide order dated 08.03.2022 and direct the applicant to be released on a personal bond of Rs. 10,000/-. The applicant, however, shall report to the nearest local police station at Ghaziabad twice a week, i.e. on Monday and Thursday. The applicant's sentence was suspended by the court in January with a requirement of a personal bond of Rs 25,000 and two surety", the Court directed.
In March, upon a request by the applicant, the condition was modified by reducing the earlier bond amount to Rs 15,000 and one surety who was permitted to be somebody other than a family member.
Subsequently, the applicant however told the Court that she has not been able to comply with this condition as well and urged that she be released on personal bond only, without any surety.
The applicant was convicted for the commission of an offence under Sections 120 B (conspiracy) IPC and Section 6 (Detaining a person on premises where prostitution is carried on) of the Immoral Traffic (Prevention) Act and awarded the sentence of rigorous imprisonment for 7 years and fine of Rs 20,000.
The Court had suspended the sentence of the applicant on the ground that she had undergone a substantial sentence and the appeals against the conviction were likely to take some time for hearing.
Click here to read/download Order
With PTI inputs