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2023 Supreme(Del) 5809

SWARANA KANTA SHARMA
Disha A. Ravi – Appellant
Versus
State (NCT) of Delhi) – Respondent


Advocates appeared:
Mr. Shri Singh and Mr. Abhinav Sekhri, Advocates, for the Petitioner.
Mr. Amol Sinha, ASC (Crl), with ACP Manoj Kumar, PS IFSO, Special Cell, Mr.
Kshitiz Garg, Mr. Ashvini Kumar & Ms. Chavi Lazarus, Advocates, for the Respondent.

JUDGMENT

Index to the Judgment

FACTUAL BACKGROUND.

ARGUMENTS ADDRESSED BY BOTH THE PARTIES

ANALYSIS AND FINDINGS

i. The Allegations against the Petitioner

ii. Conditions Imposed while Granting Bail to the Petitioner

iii. Law Regarding Imposing Of Conditions While Granting Bail

CONCLUSION

i. The Fundamental Right under Article 21 of Indian Constitution vs. Reasonable Restrictions By The Court: Balancing The Competing Rights ..11

Swarana Kanta Sharma, J.

1. By way of present petition filed under Section 482 read with Section 439 of the Code of Criminal Procedure, 1973 (`Cr.P.C.'), the petitioner seeks setting aside of order dated 09.08.2023 passed by learned Additional Sessions Judge, Patiala House Courts, New Delhi in Misc.App.No. 87/2023 seeking modification of bail conditions imposed vide order dated 23.02.2021 in case arising out of FIR bearing no. 49/2021, registered at Police Station Special Cell, New Delhi under Sections 124A/153/153A/120B of the Indian Penal Code, 1860 (`IPC').

FACTUAL BACKGROUND

2. Brief facts, necessary for the adjudication of present petition, are that on 04.02.2021, the present FIR was registered on the allegations that there was a concerted campaign by banned ter

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