The Delhi High Court has allowed prisoners to mark their attendance at police station during the emergency parole through whatsapp video call to the Investigating Officer or SHO and also ‘drop-a-pin’ on Google maps.
In Couple of orders passed by Justice Anup Jairam Bhambhani said that inmates have to make a video-call every Friday between 11:00 to 11:30 to the Investigating Officer or SHO and also ‘drop-a-pin’ on Google maps, so that IO/SHO can verify the presence and location.
“Inmates can not leave the State of Delhi without permission of the Court and ordinarily reside in his place of residence,” the Court said.
Usually, Prisoner or a convict on parole or furlough has to mark their attendance physically in the local police station. But, due to lockdown Court directed prisoners to mark their attendance through WhatsApp video call and share location google location.
In one of the case the court was hearing plea by 73 year-old retired school teacher challenging conviction in POCSO case for sexually assaulting minor. He was convicted under section 6 with 5(m) of the POCSO Act and has been sentenced for 10 years.
Advocate Mr. Amit Chauhan appearing for the appellant submitted that the appellant is suffering from myasthenia gravis with aspiration pneumonitis, Type-II diabetes mellitus, hypertension and bronchial asthma, and the he remains under heavy medication.
Meanwhile, Ns Asha Tiwari, Additional Public Prosecutor for State contended that the appellant has been convicted under section 6 with 5(m) of the POCSO Act and has been sentenced for 10 years. However, Ms Asha accepted the fact that appellant is certainly in a medically vulnerable position in prison and confirmed that he has paid the fine of Rs. 10,000/- imposed on him as a part of sentence.
The Court observed that, although the record shows that the applicant has only been in prison since 24.02.2020 which was the date the sentencing order was passed.
“…in the unprecedented circumstances of a public health emergency that prevail today and the consequent need to decongest prisons for the overall medical safety of all prisoners, this court is persuaded to grant to the appellant interim suspension of sentence for a period of three months…,” Said the Court.
Following which, the court has suspended the sentence for three months on certain conditions such as, the appellant;
- Furnish a bail bond of Rs. 50,000/-, whereas furnishing of surety is dispensed;
- Will not leave the State of Delhi without permission of the Court and ordinarily reside in his place of residence;
- Will make a video-call every Friday between 11:00 to 11:30 to the Investigating Officer or SHO and also ‘drop-a-pin’ on Google maps, so that IO/SHO can verify the appellant’s presence and location;
- Furnish a cellphone no. to Jail Superintendent on which appellant may be contacted;
- Shall also surrender passport to the Jail Superintendent;
- Will not indulge in act or omission that would prejudice the proceedings;
- Will surrender before the concerned Jail Superintendent on the expiry of the period of interim suspension of sentence.
In a similar order, Court granted interim bail on the same condition that appellant has to furnish bail bond of Rs 50,000/- and mark attendance via whatsapp video call to the Investigating Officer or SHO and to drop a pin on Google maps to ascertain location.
-India Legal Bureau