October 11, 2020

HC grants bail to woman convicted of killing stepson

HC grants bail to woman convicted of killing stepson

The Delhi High Court has granted bail to a woman, who was convicted of killing her stepson, as there is presently no one to look after her 7-year-old son.

A Bench of Justice Vipin Sanghi and Justice Pajnish Bhatnagar, as a condition for the bail, ordered her to work ‘pro bono’ (without payment) with an NGO here for the welfare of the children in the area.

“If it is found that the appellant [woman] is not willing to perform the pro-bono work of ‘Pahal’ [NGO], it shall be open to the State to move an application for cancellation of the bail granted to the appellant,” the court said.

The woman was found guilty by a trial court here of murdering her minor stepson with whom she did not have a good relationship.

In her bail plea, she stated that her husband is a rickshaw puller and is, therefore, not able to look after the child as he has to labour throughout the day. She stated that there is no other member in the family, who could look after the minor child. The bail plea also stated that she does not have a criminal past and that her appeal against the conviction is pending.

The court was informed that she has undergone incarceration for over four years and two months and that her jail conduct is found to be satisfactory.

“While on the one hand, the appellant [woman] has been found to be guilty of serious and heinous crime of committing the murder of her own minor stepson, on the other hand, the son of the appellant — who is 7-years-old — is suffering without the company of his mother,” the Bench said.

“The family of the appellant is poor and the father of the child is working as a rickshaw puller and has to work throughout the day to make both ends meet,” it said, adding, “In the peculiar circumstances of the case, we are inclined to grant bail to the appellant during the pendency of the present appeal”.

The court directed the woman to provide her mobile phone number to the Investigating Officer – at the time of release, which shall be kept in working condition at all times. It also directed her not to switch-off or change the same without prior intimation to the IO, during the period of bail.

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