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Supreme Court - Daily Orders

Drabhamon Phawa vs State Of Nct Delhi on 17 December, 2021

Bench: Chief Justice, Surya Kant, Hima Kohli

     SLP(Crl.)No.2366/21 etc.                  1

     ITEM NO.23                 Court 1 (Video Conferencing)           SECTION II-C

                                S U P R E M E C O U R T O F     I N D I A
                                        RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.) No(s).2366/2021

     (Arising out of impugned final judgment and order dated 04-12-2020
     in BA No.2709/2020 passed by the High Court of Delhi at New Delhi)

     DRABHAMON PHAWA                                                  Petitioner(s)

                                                   VERSUS

     STATE OF NCT DELHI                                               Respondent(s)


     IA     No.38459/2021    -    PERMISSION   TO   FILE     ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES
     WITH
     SLP(Crl) No. 2523/2021 (II-C)
     (FOR
     FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
     41455/2021
     IA    No.    41455/2021   -    PERMISSION  TO   FILE    ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES)

     Date : 17-12-2021 These matters were called on for hearing today.

     CORAM :
                         HON'BLE THE CHIEF JUSTICE
                         HON'BLE MR. JUSTICE SURYA KANT
                         HON'BLE MS. JUSTICE HIMA KOHLI

     For Petitioner(s)              Mr.   Salman Khurshid, Sr.Adv.
                                    Mr.   Atul Kumar, AOR
                                    Mr.   Shaurya Sahay, Adv.
                                    Mr.   T.K. Nayak, Adv.
                                    Mr.   Adil Boparai, Adv.
                                    Mr.   Aadya Mishra, Adv.
                                    Mr.   K.N. Kharlyngdoh, Adv.

     For Respondent(s)              Ms.   Aishwarya Bhati, ASG
                                    Mr.   Gurmeet Singh Makker, AOR
                                    Mr.   Ruchi Kohli, Adv.
                                    Ms.   Aakanksha Kaul, Adv.
Signature Not Verified
                                    Mr.   Varun Chugh, Adv.
                                    Mr.   Shantanu Sharma, Adv.
Digitally signed by
SATISH KUMAR YADAV
Date: 2021.12.17
18:11:44 IST
Reason:



                         UPON hearing the counsel the Court made the following
                                            O R D E R

The Court is convened through Video Conferencing.

SLP(Crl.)No.2366/21 etc. 2

Heard learned senior counsel appearing on behalf of the petitioner as also the learned Additional Solicitor General appearing on behalf of the respondent – State of NCT of Delhi.

Learned senior counsel for the petitioner prays for bail to the petitioner on the ground that she has already undergone sentence of 18 months and has delivered the child on 01.11.2020. Learned senior counsel further submits that the petitioner is 21 year’s old lady who herself pushed into flesh trade and she herself was living in the confines of the prime accused and under a constant threat of life.

On the other hand, learned Additional Solicitor General vehemently opposed the prayer for granting bail to the petitioner herein and submits that there is a high probability of fleeing of the petitioner to Meghalaya.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner has suffered incarceration for a period of 18 months and has also delivered child during custody, we deem it to be a fit case to grant her bail.

The petitioner is, accordingly, directed to be enlarged on bail on terms and conditions to be imposed by the trial court.

The special leave petitions stand disposed of accordingly.

As a sequel to the above, pending interlocutory applications also stand disposed of.

(SATISH KUMAR YADAV)                                                            (R.S. NARAYANAN)
  DEPUTY REGISTRAR                                                             COURT MASTER (NSH)