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Polity & Governance
Mahesh

27/03/24 08:55 AM IST

Bail conditions working

In News
  • The Supreme Court recently ruled that imposing a bail condition that prevents a person from participating in political activities violates their fundamental rights under the Constitution.
Bail and Bail conditions
  • Bail refers to the temporary prison release of a person awaiting trial or an appeal. It is secured by depositing security before a legal authority as a guarantee for his eventual presence in court.
  • While exercising its discretion to release a person on bail, the court must ensure it acts “judiciously”, the Supreme Court observed in ‘Khilari vs. State of UP’ (2009).
  • It also ruled that the appellate court must record its reasons while granting bail.
  • Additionally, Section 439 of the CrPC states that a high court or court of session can direct any accused person in custody to be released on bail.
  • It also allows them to impose any condition that they consider necessary for the purposes of Section 437(3), which lists conditions that can be imposed in cases of offences punishable with seven years or more in prison.
  • These include ensuring the accused doesn’t commit a similar offence and that he doesn’t threaten persons associated with the case.
Supreme court Judgement
  • Two-judge bench of the Supreme Court set aside the Orissa HC order, saying that “imposition of such condition would breach the fundamental rights of the appellant and no such conditions could have been imposed.”
  • Subsequently, the court said it was quashing and setting aside the condition.
  • The SC said that courts should refrain from requiring or permitting contact between the accused and the victim and protect the complainant from further harassment by the accused.
  • Bail conditions and orders should avoid reflecting stereotypical or patriarchal notions about women and their place in society, and must strictly be in accordance with the requirements of the CrPC.
Source- Indian Express

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