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A. D. JAGADISH CHANDIRA
Mohamed Khairul Islam – Appellant
Versus
State Rep. by Sub-Inspector of Police, GRP Chennai District – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C., pleased to modify the condition that the petitioner shall execute a bond for Rs.20,000/- with two solvency sureties for like sum imposed by the learned Special Judge for EC/NDPS Act, Salem in Crl.M.P.No.159 of 2023 dated 08.02.2023.)
This Criminal Original Petition is filed to modify the condition No.1 in Crl.M.P.No.159 of 2023 dated 08.02.2023 on the file of the learned Special Judge for EC/NDPS Act, Salem.
2. One of the conditions imposed by the Special Judge for EC/NDPS Act Cases, Salem while granting bail to the petitioner in a case of alleged possession of 4 kg of Ganja, to the effect that the petitioner shall execute a bond for a sum of Rs.20,000/- with two sureties each for a like sum and the sureties should be close relatives and they should produce necessary documents for owning a valuable property is challenged by the petitioner on the ground that it is onerous.
3. Mr.M.Mohamed Riyaz, learned counsel for the petitioner would submit that the petitioner hails from a poor family and he was arrested and remanded to judicial custody on 26.10.2022 for having been found in possession of 4 kgs of g
The main legal point established in the judgment is that the imposition of onerous conditions while granting default bail would frustrate the purpose of default bail under Section 167(2) CrPC, and su....
Onerous bail conditions cannot be imposed for statutory bail, and the court must consider only the requirement of whether the accused person is prepared to furnish bail.
Modification of bail conditions under Section 482 Cr.P.C considering incarceration duration and nature of offense.
Bail conditions must be practical and should not become impediments to liberty when accused hail from distant states.
Bail conditions requiring a government surety are considered overly onerous and should be modified to ensure that the accused is not unfairly deprived of liberty, focusing instead on the reliability ....
An accused has an indefeasible right to default bail/statutory bail under Section 167(2), Cr.P.C. when the investigation is not completed within the specified period and no chargesheet is filed, and ....
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