Everyday freedom matters, convict cannot be made to stay in jail, as she couldn’t furnish surety: Delhi High Court

While granting relief to a woman convict, Justice Jasmeet Singh of the Delhi High Court has observed that every day of freedom matters, and the applicant cannot be made to stay in jail only because she could not furnish surety.

The court opined that once a suspension of sentence order is issued, the applicant must be entitled to its benefit in its true letter, spirit, and intent.

Every day of freedom counts, and the applicant cannot be forced to stay in jail because she could not provide surety, the single judge bench said.

The Applicant, Sehnaz’s sentence was suspended on January 19, 2022, but as she could not fulfill the criteria of two sureties, she was unable to avail the benefit of the same.

On March 8, 2022, the High Court modified the condition, wherein the personal bond and surety were reduced to Rs.15,000/- and the surety could be somebody other than her family member. However, Sehnaz was not able to comply with the aforementioned condition as well.

The counsel appearing for Sehnaz submitted that the High Court’s condition imposed in March requires further modification and requested that Sehnaz be released on personal bond, without any surety.

Accordingly, Court directed modification to its order dated March 8, 2022, and directed Sehnaz to be released on a personal bond of Rs.10,000/-.

Sehnaz was, however, ordered to report to the nearest police station at Ghaziabad twice a week, i.e. on Mondays and Thursdays.

While disposing of the application, Court further directed that Sehnaz shall share her mobile number which shall be operational at all times with the Investigating Officer and the live pin of her location shall also be on all the time.

Case Title: Sehnaz vs. State