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ASMA v. THE STATE(NCT OF DELHI)

Supreme Court of India | Diary 35077/2023

Status

Order

Decided On

2023-12-13

Bench

HON'BLE MR. JUSTICE M.M. SUNDRESH, HON'BLE MR. JUSTICE ARAVIND KUMAR

Petitioner

ASMA

Respondent

THE STATE(NCT OF DELHI)

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. /2023 (@ SPECIAL LEAVE PETITION (CRL.) NO.11160/2023)

ASMA PETITIONER

VERSUS

THE STATE (NCT OF DELHI) RESPONDENT

O R D E R

1. Leave granted.

2. The appellant has been under incarceration for more

than 1 ½ years. She is a lady with six years old

daughter. The only objection raised on behalf of the

learned counsel appearing for the State is with respect to

the conduct of the appellant. We are of the considered

view that the said fact does not dis-entitle her from

getting bail as she was feeling uncomfortable in prison

especially with her six years old minor daughter required

to be taken care of.

3. In such view of the matter, we set aside the impugned

order passed by the High Court and the appellant is,

accordingly, directed to be released on bail on such

terms and conditions as deemed fit and proper by the

trial Court.

4. The appeal is, accordingly, allowed.

Pending applications shall stand disposed of.

.......................J. (M.M. SUNDRESH)

.......................J.

(ARAVIND KUMAR) NEW DELHI DECEMBER 13, 2023

ITEM NO.7 COURT NO.15 SECTION II-C

S U P R E M E C O U R T O F I N D I A...

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