RAJ BEER SINGH
Vinod Kumar Sharma – Appellant
Versus
C. B. I. – Respondent
JUDGMENT :
Hon'ble Raj Beer Singh, J.- Rejoinder affidavit filed today is taken on record.
2. Heard Sri Nipun Singh, learned counsel for the applicant and Sri Gyan Prakash, learned Senior Advocate/Deputy Solicitor General of India, assisted by Sri Sanjay Kumar Yadav, learned counsel for the C.B.I and perused the record.
3. The applicant is accused in Case Crime No. RC2172017A0010, under Section - 120-B I.P.C. read with Section - 8 of Prevention of Corruption Act, 1988 and Section - 8 of Prevention of Corruption, 1988 registered at Police Station - SPE/CBI/ACU-V/New Delhi, which is pending before the Court of Special Judge, (P.C. Act/CBI), Ghaziabad. The applicant was granted bail by this court vide order dated 26.04.2018, passed in Criminal Misc. Bail Application No. 14560 of 2018 subject to following conditions :-
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty
The court affirmed its inherent power to modify bail conditions under Section 482 Cr.P.C. to ensure justice and prevent undue hardship to the accused.
Bail conditions can be modified under inherent powers to prevent undue hardship to the accused while maintaining the integrity of the trial and respecting personal liberties.
The main legal point established is that surrendering passports as a bail condition does not amount to impounding, and the court should consider the social value of the freedom to go abroad and the h....
The court held that the risk of flight must be objectively assessed based on the petitioner's conduct and history of compliance, not solely on allegations of economic offences.
Parties must adhere to procedural requirements when seeking modifications to bail conditions.
(1) Grant of bail – Bail conditions cannot be fanciful, arbitrary or freakish – While imposing bail conditions, Constitutional rights of accused who is ordered to be released on bail, can be curtaile....
The court reinforced that bail conditions for foreign nationals accused of serious crimes must prioritize the integrity of the judicial process and the risk of flight.
Court emphasizes the need for reviewing bail conditions due to changing circumstances, allowing petitioners to seek modifications.
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