Supreme Court has granted bail to a tribal woman accused of human trafficking because despite almost two years, her trial has not begun and she cannot be imprisoned indefinitely.
In a special leave petition challenging the Delhi High Court's order refusing bail, a bench comprising Chief Justice NV Ramana, Justice Surya Kant, and Justice Hima Kohli issued the direction to grant bail to Drabhamon Phawa, a 21-year-old woman from Meghalaya, who was accused of human trafficking under Section 366, 368, 370 and 34 of the Indian Penal Code.
Salman Khurshid, appearing for the petitioner, asked for bail on the grounds that she had already served her 18-month prison sentence and had given birth on 01.11.2020.Additionally, he stated that the petitioner is a 21-year-old girl who is herself a victim of the flesh trade and lives in the confines of the prime accused and is under constant threat of death.
Pahwa’s petition was vehemently opposed by Additional Solicitor General Aishwarya Bhati appearing for the Delhi government based on the "severity and seriousness of the offenses" alleged against her.
Knowing her financial and social background and everything it's difficult to know if she's a victim or victimizer. Let that be a matter of trial.Charges are yet to be framed, the trial will take time, you can't keep her indefinitely in jail," Observations were made orally by the Bench.
“Having heard counsel for the events and bearing in mind the truth that the petitioner has suffered incarceration for an interval of 18 months and has additionally delivered a babyduring custody, we deem it to be a fit case to grant her bail. The petitioner is, accordingly, directed to be enlarged on bail on phrases and situations to be imposed by the trial courtroom. The particular depart petitions stand disposed of accordingly,” said the court order.
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