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“Once an order of suspension has been passed, the applicant must be entitled to its benefit in its true letter, spirit and intent”: High Court of Delhi

The High Court of Delhi, through learned judge, Justice Jasmeet Singh  in the case of Sehnaz vs. State (CRL.A. 447/2020) observed that once an order of suspension has been passed, the applicant must be entitled to its benefit in its true letter, spirit and intent.

BRIEF FACTS: The applicant’s sentence was suspended on 19.01.2022 but she was not able to avail the benefit of the same for want of two sureties. Hence, on 08.03.2022, the Court modified the condition, wherein personal bond and surety was reduced to Rs. 15,000/- and the surety was permitted to be somebody other than a family member. However, the applicant was notable to comply with the said condition as well. In the memo of parties, the residential address of the applicant was shown as Guddi KI Makan, Nasbandi Colony, Bengali Masjid, Loni, Dist. Ghaziabad, U.P. The learned counsel for the applicant  submitted that in this case, the condition of 08.03.2022 required further modification. In the present case, the applicant had a permanent place of residence which is the above address. Hence, he requested that the applicant must be released on personal bond only, without any surety.

FINDINGS OF THE COURT: The court was 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. In this view of the matter, the court modified the condition imposed vide order dated 08.03.2022 and directed the applicant to be released on a personal bond of Rs. 10,000/-. The court mandated that the applicant shall report to the nearest local police station at Ghaziabad twice a week, i.e. on Monday and Thursday. The court further directed that the applicant share her mobile no. with the Investigating Officer and the mobile to be operational at all times.  With the above direction, the application is disposed of.

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JUDGEMENT REVIEWED BY – AMRUTHA K

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