The LexGaze Weekly - HOPE

Bailing the conditions for the grant of bail

Yamika Khanna

Issue 17 | October 11, 2020

The apex Court in Parvez Noordin Lokhandwalla v. the State of Maharashtra asserted that the rights of accused should not become illusionary by the imposition of disproportionate bail conditions.


The bench asserted that "The conditions which a court imposes for the grant of bail – in this case, temporary bail – have to balance the public interest in the enforcement of criminal justice with the rights of the accused. The human right to dignity and the protection of constitutional safeguards should not become illusory by the imposition of conditions which are disproportionate to the need to secure the presence of the accused, the proper course of an investigation and eventually to ensure a fair trial. The conditions imposed by the Court must bear a proportional relationship to the purpose of imposing the conditions. The nature of the risk which is posed by the grant of permission as sought in this case must be carefully evaluated in each case."


Furthermore, the Court held that for grant of bail Sections 437 (3) and 439 (1) (a) of the CrPC, the discretion of the court has to be guided by the need to facilitate the administration of justice, secure the presence of the accused and ensure that the liberty of the accused is not misused to impede the investigation, overawe the witnesses or obstruct the course of justice.


HOPE PLUS


1. The Supreme Court's assertion marks a new dawn by extending the constitutional rights to the accused in a fairer and more inclusive manner.


2. The Supreme Court recently ordered the Centre to submit details regarding criminal cases pending against legislators across the country.


3. The apex Court in Nilanjan Bhattacharya v. State of Karnataka reinforced that the welfare of the child is of paramount importance in cases pertaining to child custody.


4. Demolishing the claim of the Narcotics Control Bureau(NCB) that actor Rhea Chakraborty was an active member of a drug syndicate, the Bombay High Court observed that she was not a part of drug dealers.

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