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TMI Blog2023 (7) TMI 1304X X X X Extracts X X X X X X X X Extracts X X X X ..... he Constitutional Bench held that unusually, subject to the evidence produced, the Courts can impose restrictive conditions. The petitioner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the Police officials, or any other person acquainted with the facts and the circumstances of the case, to dissuade them from disclosing such facts to the Police, or the Court, or to tamper with the evidence - Within fifteen days of release from prison, the petitioner shall procure a smartphone and inform its IMEI number and other details to the SHO/I.O. of the Police station mentioned above. The petitioner shall always keep the phone location/GPS on the ON mode. Whenever the Investigating officer asks to share the location, the petitioner shall immediately do so. Petition allowed. - HON'BLE MR. JUSTICE ANOOP CHITKARA Mr. Vinod Ghai, Senior Advocate with Mr. Arnav Ghai, Advocate and Ms. Mahima Dogra, Advocate for the petitioner. Mr. Sumit Jain, APP, U.T., Chandigarh. ORDER ANOOP CHITKARA, J. FIR No. Dated Police Station ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erous responsibility upon the Courts to act judiciously with reasonableness because arbitrariness is the antithesis of law. The criminal history must be of cases where the accused was convicted, including the suspended sentences and all pending First Information Reports, wherein the bail petitioner stands arraigned as an accused. In reckoning the number of cases as criminal history, the prosecutions resulting in acquittal or discharge, or when Courts quashed the FIR; the prosecution stands withdrawn, or prosecution filed a closure report; cannot be included. Although crime is to be despised and not the criminal, yet for a recidivist, the contours of a playing field are marshy, and graver the criminal history, slushier the puddles. 7. As per paragraph 11 of the bail petition, the petitioner is in custody since 20.12.2022. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations, and the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage, subject to the compliance of terms and conditions mentioned in this order. Thus, the previous criminal h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... person, and the State shall have a lien over their assets to make good the loss. [21] In this era when the knowledge revolution has just begun, to keep pace with exponential and unimaginable changes the technology has brought to human lives, it is only fitting that the dependence of the accused on surety is minimized by giving alternative options. Furthermore, there should be no insistence to provide permanent addresses when people either do not have permanent abodes or intend to re-locate. 12. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above, in the following terms: (a). Petitioner to furnish personal bond of Rs. Ten thousand (INR 10,000/); AND (b) To give one surety of Rs. Twenty-five thousand (INR 25,000/-), to the satisfaction of the concerned court, and in case of non-availability, to any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned court must satisfy that if the accused fails to appear in court, then such surety can produce the accused before the court. OR (b). Petitioner to hand over to the concerned court a fixed deposit for Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case, to dissuade them from disclosing such facts to the Police, or the Court, or to tamper with the evidence. 14. Within fifteen days of release from prison, the petitioner shall procure a smartphone and inform its IMEI number and other details to the SHO/I.O. of the Police station mentioned above. The petitioner shall always keep the phone location/GPS on the ON mode. Whenever the Investigating officer asks to share the location, the petitioner shall immediately do so. The petitioner shall neither clear the location history, WhatsApp chats, call logs nor format the phone without permission of the concerned SHO/I.O. This condition shall continue till the completion of the trial or closure of case, whichever is earlier. Petitioner is further directed to comply with their undertaking as reflected in the beginning of this order and also directed not to obtain more than one mobile number till the conclusion of trial; however, this restriction is only on pre-paid SIMs [mobile numbers] and not on post-paid connections. If the petitioners fail to comply with this condition, then on this ground alone, the bail might be canceled, and the complainant may file any such application fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nch of Hon ble Supreme Court holds that The bail conditions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportional to the purpose of imposing them. The courts while imposing bail conditions must balance the liberty of the accused and the necessity of a fair trial. While doing so, conditions that would result in the deprivation of rights and liberties must be eschewed. 18. Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of this bail order in any language that the petitioner understands. 19. If the petitioner finds bond amount beyond social and financial reach, it may be brought to the notice of this Court for appropriate reduction. Further, if the petitioner finds bail condition(s) as violating fundamental, human, or other rights, or causing difficulty due to any situation, then for modification of such term(s), the petitioner may file a reasoned application before this Court, and after taking cognizance, even to the Court taking cognizance or the trial Court, as the case may be, and such Court shall also be competent t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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