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2024 Supreme(SC) 1359

ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Akbal Ansari – Appellant
Versus
State (N. C. T. of Delhi) – Respondent


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.

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