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MANMOHAN, DIPANKAR DATTA
Najma – Appellant
Versus
Inspector Of Police – Respondent
| Table of Content |
|---|
| 1. condition of bail not to restore possession. (Para 2) |
| 2. high court cannot impose possession conditions. (Para 3) |
| 3. condition for bail set aside. (Para 4) |
| 4. appeal allowed; mediation encouraged. (Para 5 , 6 , 7 , 8 , 9) |
ORDER :
1. Leave granted.
2. The appellants were the petitioners before the High Court of Judicature at Madras. The High Court, vide judgment and order dated July 25, 2019, granted the appellants' prayer for bail under Section 439 , Code of Criminal Procedure, 1973[Cr. PC] but with a condition. The appellants have been required by such condition to handover possession of a ground floor and half of a portion namely 400 sq. ft. constructed area and the entire second floor to the de facto complainant within a period of two weeks. This appeal, directed against the said order, is restricted to such condition only.
3. The impugned condition is numbered as 9 [b]. Undoubtedly, such a condition could not have been imposed by the High Court while granting bail. The High Court, while hearing an application under Section 439 , Cr. PC is not supposed to pass a decree for restoration of possession. In several decisions of this Court, viz. Ramesh Kumar vs. State (NC
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....
The conditions imposed for bail must have a reasonable nexus to securing the accused's presence and ensuring fair trial, and should not exceed the settled parameters under Section 439 of the Code of ....
The court emphasized that bail conditions should serve the purpose of securing public money and should be appropriate to the facts and circumstances of the case.
Bail cannot be cancelled solely for non-compliance with mediation terms; substantial grounds are required for cancellation.
Grant of bail – Any condition that curtails fundamental rights must be justified by circumstances that necessitate such restriction – Condition of restricting appellant’s right to reside in same buil....
Bail conditions must be reasonable and not infringe upon the rights of the accused.
Bail conditions restricting fundamental rights like the right to reside in one's home must satisfy tests of reasonableness, proportionality, and necessity; such conditions cannot be used to shift the....
(1) Any interpretation of provisions of Section 438, Cr.P.C. has to take into consideration fact that grant or rejection of application under Section 438, Cr.P.C. has direct bearing on fundamental ri....
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