SC: Restrictive statutory provisions do not prevent courts from granting bail

MP, 19 July 2024, New Delhi: The Supreme Court stated on Thursday that restrictive statutory provisions in law do not prevent courts from granting bail to accused individuals. This declaration came as the court granted bail to a man arrested under the 

Unlawful Activities (Prevention) Act (UAPA). Justices J B Pardiwla and Ujjal Bhuyan said that the right to life and personal liberty, as enshrined in Article 21 of the Constitution, is paramount. They asserted that constitutional courts cannot be restricted from granting bail due to statutory provisions if they find an infringement of the accused’s rights under Article 21. 

The court made these observations while allowing an appeal by Nepal resident Sheikh Javed Iqbal, who was accused of involvement in counterfeit currency trade. Despite serious charges and opposition from the Uttar Pradesh government, the court granted bail, noting that Iqbal had been in custody for over nine years with no end to the trial in sight. 

The bench set several conditions for the bail, including impounding Iqbal’s passport, restricting his movement, and requiring regular court appearances and police check-ins. They also warned that bail could be cancelled if these conditions were violated. 

The court stressed that bail cannot be denied solely based on the seriousness of charges, especially when there’s no foreseeable conclusion to the trial. 

NHAI 

Information about these penalties will be prominently displayed at all toll plazas. 

Additionally, CCTV footage of non-compliant vehicles, including their registration numbers, will be recorded to maintain proper records of fees charged and vehicle presence in toll lanes. 

The new guidelines aim to enforce the standard procedure for affixing FASTags on the front windshield from inside the vehicle. 

FASTags not properly affixed are not eligible for Electronic Toll Collection (ETC) transactions and may result in the user paying double toll fees and potential blacklisting.Issuer banks have been instructed to ensure proper FASTag fixation at the time of issuance. 

NHAI currently collects user fees on about 45,000 km of National Highways and Expressways at around 1,000 toll plazas nationwide. With a 98 per cent penetration rate and over 80 million users, FASTag has transformed electronic toll collection in India. 

This new initiative is expected to improve toll operations efficiency and ensure smoother journeys for highway users. 

https://www.millenniumpost.in/big-stories/sc-restrictive-statutory-provisions-do-not-prevent-courts-from-granting-bail-572408