Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 – ss.437 439 – Bail – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973 – ss.437, 439 – Bail –Nature of conditions imposed – Right to travel abroad – FIR lodgedagainst appellant in 2014 alleging forgery – Appellant eventuallyarrested in 2020 – High Court granted conditional interim bail tothe appellant for eight weeks – However, declined to relax theconditions imposed to permit him to visit the US – Held: Conditionswhich a court imposes for the grant of bail have to balance the publicinterest in the enforcement of criminal justice with the rights of theaccused – Conditions imposed must bear a proportional relationshipto the purpose of imposing such conditions – Appellant is an Indiancitizen and holds an Indian passport – A large amount of litigation ispending between the appellant and the complainant – Appellant hasregularly travelled between the US and India on as many as sixteenoccasions between 2015 and 2020 – High Court’s view that he has nocontact with India is contrary to the material on record – FIR lodgedagainst him should not in itself prevent him from travelling to the US,where he is a resident since 1985, particularly when seriousconsequences would ensue in terms of the invalidation of the GreenCard if he were not permitted to travel – Appellant permitted to travelto the US for eight weeks subject to furnishing undertaking asdirected – Penal Code, 1860 – ss.420, 467, 468, 469, 470, 471 and474. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2020 INSC 573 |
Petitioner | Parvez Noordin Lokhandwalla |
Respondent | State Of Maharashtra & Anr. |
SCR | [2020] 11 S.C.R. 117 |
Judgement Date | 2020-10-01 |
Case Number | 648 |
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