Noting the continuation of violation of fundamental right to liberty of a POCSO case accused, the Supreme Court of India recently directed the release of a prisoner whose release was pending despite obtaining bail due to his inability to furnish local surety.
Bench comprising Justice Hrishikesh Roy, Justice Sudhanshu Dhulia and Justice SVN Bhatti observed that, "It would be a travesty of justice if the petitioner is unable to secure the benefit of bail order for his inability to furnish local surety. This will infringe the rights guaranteed under Article 21 of the Constitution for the person, who continues to be detained despite a bail order in his favour."
The petitioner was convicted under Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act 2012 and sentenced to ten years imprisonment. The appeal against conviction came to be dismissed by the Bombay High Court.
Even after obtaining bail from the Supreme Court in May 2024, the petitioner remained in prison due to his inability to furnish local surety.
The Court emphasised that the justice system could not be oblivious to the plight of indigent persons who are unable to provide local sureties.
Special Leave to Appeal (Crl.) No. 3363/2024
