MOHAMMED ZUBAIR VS STATE OF NCT OF DELHI AND OTHERS,2022 (SC) 629 SC

MOHAMMED ZUBAIR VS STATE OF NCT OF DELHI AND OTHERS,2022 (SC) 629 SC

Legal Issue: The applicability of the provision of section 41 of Cr.pc and justification of bail provision balancing the right to life with dignity under Article 21 of the constitution of India.

The court held that -

Arrest is not meant to be and must not be used as a punitive tool because it results in one of the gravest possible consequences emanating from criminal law. The loss of personal liberty. Individuals must not be punished solely on the basis of allegations, and without a fair trial. When the power to arrest is exercised without application of mind and without due regard to the law, it amounts to an abuse of power. The court held that The criminal law and its processes ought not to be instrumentalized as a tool of harassment.

The bail conditions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportional to the purpose of imposing them. The courts while imposing bail conditions must balance the liberty of the accused and the necessity of a fair trial. While doing so, conditions that would result in the deprivation of rights and liberties must be eschewed.