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.
Bail conditions must be reasonable and not infringe upon the rights of the accused.
High Court cannot direct Trial Court to conclude trial of offence within a fixed period.
The main legal point established in the judgment is that bail conditions should be relevant to the bail application, and courts should not impose extraneous conditions unrelated to the consideration ....
The court ruled that the High Court's refusal to grant bail was inappropriate due to the appellant's lengthy custody and lack of trial progress.
Grant of bail – Any conditions imposed must be reasonable and directly related to this objective – While deciding bail application, it is not the jurisdiction of Court to decide civil disputes as bet....
Prolonged incarceration with no prospect of the trial coming to an end makes a case for the grant of bail. Granting bail only for a limited duration is illegal and violates the right to liberty under....
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