By Diksha-
A Supreme Court Bench headed by Justice D.Y. Chandrachud recently heard a case on the issue of whether the Court can impose a ban on travelling abroad as a condition for bail.
The appellant, Mr. Parvez Noordin Lokhandwalla wanted to visit the U.S. to revalidate his green card.
According to Sections 437 (3) and 439 (1) (a) of the Code of Criminal Procedure, the Court can impose ‘any condition’ for granting bail.
It has to be kept in mind that such discretionary powers must be used with caution and to ensure the presence of the accused before the Court when necessary. However, they should also be in consonance with the fundamental rights of such accused person.
The Court has to balance the public interest and the criminal justice system while deciding on giving liberty to such persons to travel abroad, keeping in mind the risk involved.
The Court observed, “The human right to dignity and the protection of constitutional safeguards should not become illusory by the imposition of conditions which are disproportionate to the need to secure the presence of the accused, the proper course of investigation and eventually to ensure a fair trial.”
