Criminal Procedure Code, 1973
Sections 437(3) & 439(1)—Conditional bail—Challenged—Fundamental purpose of bail is to ensure the accused's presence during the investigation and trial—Any conditions imposed must be reasonable and directly related to this objective—Court’s discretion in imposing conditions must be guided by the need to facilitate the administration of justice, secure the accused's presence, and prevent the misuse of liberty to impede the investigation or obstruct justice—High Court has clearly exceeded its jurisdiction by imposing the conditions of demolishing the wall at the expense of the appellants and handing over the possession of the disputed property to the complainant—Conditions imposed clearly tantamount to deprivation of civil rights, rather than measures to ensure the accused's presence during trial—Conditions imposed by the High Court in the impugned order are set aside—Appeal allowed.
[Paras 16 to 19]