Supreme Court Issues Notice On Plea Against Order Denying Bail To Woman In Jail With Infant For Over 4 Months
2 years, 6 months ago

Supreme Court Issues Notice On Plea Against Order Denying Bail To Woman In Jail With Infant For Over 4 Months

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The Supreme Court on Thursday issued notice on a Special Leave Petition moved against an order of the Punjab and Haryana High Court wherein the petitioner's bail application under Section 439 of the CrPC had been rejected thereby confirming her incarceration along with her 3.5 month old infant on the ground that the allegations against her are grave and serious in nature.A bench. The Supreme Court on Thursday issued notice on a Special Leave Petition moved against an order of the Punjab and Haryana High Court wherein the petitioner's bail application under Section 439 of the CrPC had been rejected thereby confirming her incarceration along with her 3.5 month old infant on the ground that the allegations against her are grave and serious in nature. Opining that the impugned order had failed to appreciate that even a young infant of 3.5 months was also arrested along with his mother, the plea averred, "The impugned judgment dated 12.05.2022 has also failed to appreciate that a young infant of 3.5 months was arrested along with his mother on 13.01.2022 and there is no principle of criminal law which contemplates vicarious imprisonment of an infant, as that would be violative of Article 21 of the Constitution." It was further brought to the notice of the Supreme Court that over 99 witnesses are proposed to be examined by the prosecution as per the chargesheet filed which runs into over 12000 pages and thus it would result in prolonged indefinite incarceration of the accused and her infant thereby violating the fundamental guarantee to a speedy trial under Article 21 of the Constitution.

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