1. Bail — Challenge to restrictive residence conditions imposed by the High Court. (Para 3 )
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2024 Supreme(SC) 1359
SUPREME COURT OF INDIA
ABHAY S. OKA, AUGUSTINE GEORGE MASIH, JJ.
Akbal Ansari - Appellant
Versus
State (N.C.T. of Delhi) - Respondent
Criminal Appeal No. 4286 of 2024 (Arising out of SLP(Criminal) No.13803 of 2024)
Decided On : 21-10-2024
Bail conditions must be reasonable and not infringe upon the rights of the accused.
Headnote:(A) Criminal Procedure Code, 1973 - Section 437 - Bail - High Court granted bail but imposed unreasonable conditions - Court held that a condition requiring the appellant to reside in a specific location is not a valid bail condition - Other conditions set aside as well. (Paras 3, 4)
(B) Bail Conditions - The imposition of conditions must be reasonable and not arbitrary - The court emphasized that conditions should not infringe upon the rights of the accused.
Facts of the case:
The appellant was granted bail by the High Court, which imposed a condition requiring the appellant to arrange accommodation in Delhi and reside there until the trial concluded.
Findings of Court:
The court found that the condition imposed by the High Court was unreasonable and not in line with the principles governing bail.
Issues: The main issue was whether the condition of residing in Delhi was a valid bail condition.
Ratio Decidendi: The court ruled that conditions of bail must be reasonable and not infringe upon the rights of the accused, thereby setting aside the unreasonable conditions imposed by the High Court.
Result: Appeal partly allowed.
Legal Category Hierarchy
Table of Contents
2. Requirement to arrange accommodation and reside in a specific city until trial conclusion — Improper condition for bail. (Para 3 )
3. A condition requiring an accused to reside in a specific city until the conclusion of trial is not a valid condition of bail. (Para 3 )
4. Appeal partly allowed — Restrictive residence conditions set aside — Requirement to report to local police station imposed. (Para 4 )
5. Can a court require an accused to reside in a specific city as a condition for bail?
No, directing an accused to arrange accommodation and reside in a specific city until the conclusion of the trial is considered an improper condition and cannot be legally imposed as a condition of bail. (Para 3 )
6. What is the effect of an invalid bail condition on other associated conditions?
If a primary condition of bail is found to be invalid or improper, the court may set aside other associated conditions as well. (Para 3 )
7. Is reporting to a police station a permissible condition for bail?
Yes, the court may impose a condition requiring the accused to report to the local police station on specific dates and times of the month. (Para 4 )
JUDGMENT :
1. Leave granted.
2. Heard the learned counsel appearing for the appellant and the learned Additional Solicitor General appearing for the respondent.
3. The High Court has recorded a finding that the appellant is entitled to be enlarged on bail. However, the High Court has imposed a strange condition of directing the appellant to arrange an accommodation in Delhi and that the appellant should reside in Delhi till the conclusion of the trial. Such a condition cannot said to be a condition of bail. Consequently, the other two conditions will have to be also set aside.
4. Accordingly, we partly allow the appeal by setting aside condition Nos. (ii), (iv) and (v) in paragraph 24 of the impugned order. A condition shall be added in the impugned order of the appellant reporting to the local Police Station on 1st and 15th day of every calendar month between 10.00 a.m. to 11.00 a.m.
