This can be a uncommon occasion the place senior advocate Kapil Sibal did not need to argue a single sentence. A trip bench of Justices DY Chandrachud and Bela M Trivedi, after discussing for a couple of minutes, dictated the order staying a portion of the HC order whereas terming the circumstances imposed “disproportionate” and in extra of the settled parameters governing discretion to grant bail.
The bench mentioned, “Prima facie, the circumstances which have been imposed by the HC for the grant of bail are disproportionate and don’t have any cheap nexus to the circumstances that are required to be imposed to safe the presence of the accused and to make sure that the equity of the trial shouldn’t be impeded… Prima facie, the HC, whereas imposing circumstances for the grant of bail, has exceeded the settled parameters governing the train of the jurisdiction underneath Part 439 of the Code of Prison Process 1973.”
The dispute pertained to Azam, his members of the family and others conspiring to seize evacuee property measuring 13.8 hectares of 1 Imamuddin Qureshi, who had migrated to Pakistan after the nation was partitioned.
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