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  • Tue. Nov 26th, 2024

Out of bounds: On the Supreme Court docket’s stand on bail stipulations  

ByRomeo Minalane

Jul 25, 2022
Out of bounds: On the Supreme Court docket’s stand on bail stipulations  

The Supreme Court docket has struck the correct existing by voicing its stern disapproval of the tendency among some courts to impose weird and wonderful stipulations for bail. In the case of Samajwadi Party leader Azam Khan, the Allahabad High Court docket had granted intervening time bail in a ‘land-grabbing’ case, but made frequent bail contingent on his fully cooperating with the measuring, walling and barb-wiring of half of property measuring 13.842 hectares. The allegation against him is that land vacated by a one who went to Pakistan on the time of Partition had been “grabbed” and a college constructed on it by a believe headed by him. Nevertheless, in the intervening time bail expose, the District Magistrate, Rampur, turned into once requested to establish possession of the property and, after striking up a boundary wall and barbed wire spherical it, ship it to the Custodian, Evacuee/Enemy Property, Mumbai. The pinnacle court had taken exception to the proclivity among some judges to venture previous the confines of a given case and imposing stipulations that went previous what were needed to make optimistic the presence or attendance of an accused for the duration of the trial. It is far moderately neatly-established that stipulations for grant of bail dangle explicit targets: fighting the accused from fleeing justice and precluding any scope for tampering with proof or influencing witnesses. These targets are normally secured by directing them to shield in a explicit attach and asking them to file their presence forward of a police officer or a co
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