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Court should not impose condition in bail not to leave c

 

Court should not impose condition in bail not to leave the country without permission of court

 

This Court also takes judicial notice of the fact that the condition of 
obtaining prior permission before leaving the boundary of Delhi is a 
cumbersome one as the permission takes time and causes hardship to the 
petitioner. This Court is of the view that the impugned condition would 
certainly restricts the accused’s fundamental right to travel.
10. Undoubtedly, the accused’s right to travel can be curtailed by a 
reasonable, transparent and fair procedure, but in the opinion of this Court 
such a restriction should be rarely imposed by the trial court while granting 
bail and that too, for cogent reasons.
11. However, in the present case, this Court finds that the Additional 
Sessions Judge has not given any reason for imposing the aforesaid

restriction.
12. This Court is of the view that the right to travel cannot be curtailed as 
a matter of routine – as has been done in the present case.


* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4231/2012
NANDINI BHATNAGAR ..
versus
STATE GOVT. OF NCT OF DELHI ....

Date of Decision: 14th December, 2012
CORAM:
HON'BLE MR. JUSTICE MANMOHAN



https://www.lawweb.in/2013/04/court-should-not-impose-condition-in.html



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 1 Replies

A Truthseeker ( A retired Indian citizen)     21 April 2013

undoubtedly, the accused loses its fundamental right to move as he likes but considering that he is an accused , for getting the benefit of bail he must suffer this restriction on his free movements as his trial is pending.


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