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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Bharati Dangre, Shyam C.Chandak
Gautam Navlakha – Appellant
Versus
National Investigation Agency – Respondent
| Table of Content |
|---|
| 1. background of the appellant's case. (Para 1 , 2) |
| 2. appellant's health considerations for house arrest. (Para 3 , 4) |
| 3. bail application and initial court response. (Para 5 , 6) |
| 4. denied request for permanent residence in delhi. (Para 7 , 8) |
| 5. opposition to the application by the prosecution. (Para 9 , 10) |
| 6. concerns on trial duration and appellant's rights. (Para 11 , 12) |
| 7. decisions on granting residence in delhi under conditions. (Para 14) |
| 8. conclusion on appeal and specific conditions imposed. (Para 15) |
JUDGMENT :
BHARATI DANGRE, J.
1 “In the tapestry of life, our home towns are the threads that weave the story of who we are”.
The above quote truly expresses the desire of a septuagenarian, an under-trial prisoner currently on bail in Special Case No. 414/2020 and presently stationed in Mumbai, awaiting his trial.
2. In connection with FIR No.4/2018 registered at Vishrambaug police station, Pune regarding the Bhima Koregaon incident that occurred on 1/1/2018, the appellant was arrested from his residence on 28/8/2018.
On the very same day, the Delhi High Court stayed his transit remand and directed him to be placed under House arrest. His arrest was eventually quashe
The right to choose one's residence is upheld unless it substantially impacts trial proceedings, considering the aspects of age, health, and compliance with judicial requirements.
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....
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....
The court emphasized that bail is the rule and jail is the exception, particularly for under-trials with prolonged incarceration, highlighting the right to a speedy trial under Article 21.
The court emphasizes that prolonged incarceration violates the right to a speedy trial under Article 21, establishing that bail is the rule and jail is the exception.
The main legal point established in the judgment is that the court has the authority to grant bail on medical grounds, even in cases involving statutory restrictions, if the circumstances warrant suc....
Default bail—Essential requisite for availing statutory bail is that accused must have undergone authorised period of detention ordered by Magistrate.
Prolonged pre-trial detention violates the fundamental right to a speedy trial under Article 21, necessitating bail for the accused.
The right to a speedy trial is fundamental, and prolonged detention without trial infringes on personal liberty, necessitating bail.
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