'Posses Smart Phone, Share Location With Police': Punjab & Haryana High Court While Granting Bail To Man Convicted For Dacoity With Murder

The Punjab and Haryana High Court while granting bail to a dacoity with murder convict has directed him to possess a smart mobile phone and share his location with the local police.

A division bench of Justice Deepak Sibal and Justice Deepak Manchanda said, "it is directed that while on bail the applicant-appellant shall own and possess a smart mobile phone which shall be kept on at all times; the phone shall always be with the applicant-appellant; he shall share the number of the phone as also his location with the SHO of the area where the applicant-appellant normally resides; he shall mark his attendance on 1st of each month in the police station and that he shall also not leave the jurisdiction of the concerned police station without the prior permission of the SHO of such police station."

The petitioner, Anup @ Foji was convicted under Sections 396 (dacoity with murder) and 201 read with Section 34 IPC in 2019 and sentenced by the trial Court to undergo life imprisonment and to pay fine. Anup moved High Court challenging his conviction and seeking to suspend his conviction meanwhile the appeal is pending.

The counsel for the petitioner argued that, the trial Court has erred in law and in fact by convicting the applicant, there is no evidence with the prosecution which would link the applicant with the murder he is alleged to have committed.

Opposing the bail, the state counsel submitted, the applicant along with his co-convicts, murdered the deceased and that recovery of the belt used in the afore crime and the deceased's ATM card used by the applicant have also been recovered from him.

After hearing the submissions, the Court said, "we are of the opinion that during the pendency of his aforesaid appeal, the applicant- appellant's sentence deserves to be suspended and it is so ordered."

Among other conditions, the Court directed the appellant to possess a smart mobile phone and to keep it switched on all the time. The bench also asked him hare the number of the phone as also his location with the SHO of the area where the applicant-appellant normally resides.

"The SHO of the concerned police station is further directed to maintain a record with regard to the above and after every six months forward a copy of the same to the concerned Superintendent of Police for information,"added the Court.

It is pertinent to note that, the Supreme Court has reserved the judgement wherein it is examining whether imposing bail condition like sharing live location with the investigating officer infringes the right to privacy.

Recently, the Apex Court has orally observed that observed that asking the accused to share his Google PIN to enable access to his live location to the investigation officer couldn't be a condition for the grant of bail.

Nikhil Ghai, Advocate for the applicant/appellant.

Ashish Yadav, Addl. A. G., Haryana.

Title: ANUP @ FOJI V/S STATE OF HARYANA

2024 LiveLaw (PH) 177

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