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Supreme Court noted that nothing is stated by the detaining authority as to why the conditions are not sufficient to prevent the detenu from engaging in further activities of smuggling; which was the specific ground on which the conditions were imposed while granting bail.
“Right to life does not mean mere right to exist but to live with dignity. Such a right cannot be and ought not be curtailed on the ground that petitioner father’s is an accused in pending cases.”
In this case, the President of Jai Shriram Urban Credit Co-operative Society systematically siphoned off approximately Rs. 79 crores, with the aid of other office-bearers and the co-accused.
The unusual condition, which was imposed and later, was not modified, clearly shows that the Trial Court travelled beyond its powers and imposed such conditions, which was normally not required when granting bail.
Bail was granted to the accused on 03-10-2023, however, the bail bond was not accepted by the Trial Court for a delay of three days in complying with the conditions of bail.
Supreme Court said that the recovered contraband item having weight less than the stipulated commercial quantity, the restriction on grant of bail under Section 37 of NDPS Act does not apply in this case
Supreme Court pointed towards the parameters/circumstances to be considered while granting or refusing bail as laid in a series of judgments.
Delhi High Court observed that in absence of any cogent, supervening circumstances necessitating cancellation of bail of the respondent/accused, the Court cannot merely cancel the bail so granted.
Supreme Court: In an interesting case the Vacation Bench comprising Dinesh Maheshwari and Krishna Murari, JJ., disapproved a strange bail condition imposed