
Orissa High Court waives kin relative bail condition, terms it ‘onerous’ and contrary to Article 21
“Bail is the rule, but jail is the exception and an accused should be presumed to be innocent until proven guilty at the trial.”
“Bail is the rule, but jail is the exception and an accused should be presumed to be innocent until proven guilty at the trial.”
Asaram Bapu was sentenced to life imprisonment in 2018 for raping a minor girl at his ashram in 2013.
“The power to arrest or detain a foreigner under the Foreigners Act, 1946 is independent of the power of the Criminal Court to grant bail. Notwithstanding the bail granted by a Criminal Court, the power to arrest and detain a foreigner can be exercised, provided the Central Government makes an order in terms of clause (g) of Section 3(2) of the Act.”
The Court was considering whether a bail condition requiring an accused to share Google Maps Pin with the investigating officer to access his location violates right to privacy guaranteed under Article 21 of the Constitution.
Supreme Court quashed and set aside the condition imposed by the Orissa High Court restricting involvement in political activities.
Merely because the condition imposed by the Court as per law is causing inconvenience to the petitioner, it can neither become a ground for deletion of the condition nor it can be said that the same amounts to violation of her fundamental right to travel abroad.