2025 (5) TMI 2000

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....his is an application at the instance of an accused who was ordered to be released on bail by the High Court subject to certain terms and conditions. 2. The Directorate of Enforcement being dissatisfied with the order passed by the High Court releasing the applicant/respondent on bail challenged the same before this Court by way of SLP(Crl.)No. 7409 of 2023. 3. The said SLP came to be disposed of vide the order dated 4th August, 2023 in the following terms : - "1 The High Court by its impugned order dated 14 June 2023 granted bail to the respondent subject to the following terms and conditions: "a) The applicant shall furnish a personal bond with a surety in the sum of Rs.1,00,000 to the satisfaction of the Trial Cou....

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.... Court to mean that the statutory provision does not mean that person specified in the first proviso to sub-section (1) of Section 437 should necessarily be released on bail. [see Prahlad Singh Bhati vs NCT, Delhi and Another (2001) 4 SCC 280] 3 Considerations which weigh in the grant of bail are distinct from those which are relevant to the adjudication of an application for cancellation of bail. The respondent has undergone over 620 days of custody. Since in the exercise of its discretion, the High Court has come to the conclusion that the respondent should be released on bail, we are not interfering with the order under Article 136 of the Constitution. 4 In addition to the terms and conditions which have been imposed by....