MOHAMMAD AZAM KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) In paragraph 36 of its impugned order dated 10 May 2022, the High Court opined that bail was being granted to the petitioner on the grounds of age and his medical condition apart from the fact that "in most of the cases in which the prosecution were initiated against him, he has been bailed out". However, prima facie, the conditions which have been imposed by the High Court for the grant of bail are disproportionate and have no reasonable nexus to the conditions which are required to be imposed to secure the presence of the accused and to ensure that the fairness of the trial is not impeded.

(2.) In paragraph 40 of the impugned order, the Single Judge has observed that "the present order in this bail application may sound like a decree of the civil court dealing and deciding the title over the property". Prima facie, the High Court, while imposing conditions for the grant of bail, has exceeded the settled parameters governing the exercise of the jurisdiction under Section 439 of the Code of Criminal Procedure 1973.

(3.) Issue notice, returnable on 14 July 2022.