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1 - 10 of 19 (0.25 seconds)The Narcotic Drugs And Psychotropic Substances Act, 1985
The Code of Criminal Procedure, 1973
Section 445 in The Code of Criminal Procedure, 1973 [Entire Act]
Article 21 in Constitution of India [Constitution]
Supreme Court Legal Aid Committee ... vs Union Of India (Uoi) And Ors. on 7 October, 1994
27.8. Upon reviewing the Supreme Court‟s decisions in the Supreme
Court Legal Aid Committee and Frank Vitus cases, it is clear
that while bail conditions must be achievable by the prisoner,
the court must still enforce those requirements that are
necessary to ensure the availability of the prisoner for trial and
for compliance with any sentence imposed, maintaining the
integrity of the judicial process; and
27.9. After reviewing the judicial context, this court believes that the
conditions imposed for grant of bail or suspension of sentence
must pass muster on the anvil of the following criteria: First,
the conditions must be necessary to ensure that the accused
remains available for trial. Second, the conditions must be
necessary to ensure that the integrity of the judicial process is
preserved. Third, the conditions must not be impossible for the
6
Supreme Court Legal Aid Committee case, para 16
Signature Not Verified
Signed By:ANJALI KAUSHIK
Signing Date:18.10.2024
14:39:59 BAIL APPLN. 4056/2023 & conn. Page 23 of 29
accused to fulfill. Only then the conditions imposed meet the
aforesaid three-fold test, would they be proportionate, fair and
correct balance between the right of a prisoner to be able to
avail their liberty and for the State to enforce the law.
Section 8 in The Foreigners Act, 1946 [Entire Act]
Section 37 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Ash Mohammad vs Shiv Raj Singh @ Lalla Babu & Anr on 20 September, 2012
9. As recorded in that order, this court had observed that, conceptually,
when an undertrial is released on bail or a convict is granted
suspension of sentence, the person is released from the custody of the
Signature Not Verified
Signed By:ANJALI KAUSHIK
Signing Date:18.10.2024
14:39:59 BAIL APPLN. 4056/2023 & conn. Page 5 of 29
court to the custody of a surety; and by furnishing a surety bond, the
surety gives the requisite assurance to the court that the person on bail
would be produced as and when required by the court for standing
trial or for undergoing the sentence awarded. The aforementioned
concept has been acknowledged by the Supreme Court inter-alia in
Ash Mohammad vs. Shiv Raj Singh,1 the relevant extract of which
reads as follows :
Sunil Fulchand Shah vs Union Of India And Ors on 16 February, 2000
In Sunil Fulchand Shah v. Union of India [(2000) 3
SCC 409 : 2000 SCC (Cri) 659] Dr A.S. Anand, learned Chief
Justice, in his concurring opinion, observed: (SCC pp. 429-30, para