Bail conditions should not become a tool of harassment: HC

Onerous conditions that unduly restrict an individual’s movement defeat the very purpose of granting bail, the court said

MUMBAI: The Bombay high court has struck down the restrictions on bail granted to Abhay Lodha, promoter of Topworth Steels and Power Pvt Ltd (TSPPL), which barred him from travelling outside Mumbai without prior permission of the court. Such onerous conditions that unduly restrict an individual’s movement defeat the very purpose of granting bail, the court said while asserting that bail conditions should not become a tool of harassment, especially when the accused show willingness to cooperate with legal proceedings.

Bail conditions should not become a tool of harassment: HC

Lodha, who is accused of defrauding IDBI Bank of ₹60.28 crore, was granted bail by the high court on September 10, 2024 on condition that he would not travel outside the city during pendency of proceedings before the special Prevention of Money Laundering Act (PMLA) court.

The 53-year-old businessman had filed an interim application through advocate Niranjan Mundargi seeking deletion of the bail conditions. The nature of work of his work required him to travel around the country and he also needed to visit his elderly mother in Pune regularly, which was not possible due to the restrictions, he contended.

Special public prosecutor Neha Bhide opposed the plea, highlighting Lodha’s indictment in an economic offence, and said that he might interfere in the trial or pose a flight risk in case the bail condition was deleted.

The single judge bench of justice Milind N Jadhav struck down the restriction, observing that bail conditions ought not be onerous to such an extent that they defeat the purpose of granting bail. The real purpose of granting bail was to ensure and secure the presence of the applicant at the trial and bail should be granted if that purpose was served, the court said.

The court acknowledged Lodha’s deep roots in society and his need to travel within the country.

“It not only dents the future prospects of the applicant but considering the present exigency in the legal system, by the time the procedure is completed, the real essence and purpose for which the applicant desires to travel is sometimes lost,” the court observed.

Further, noting Lodha’s requirement to travel to Pune due to his elderly mother’s health condition, the court said it was a “ridiculous proposition” for him to approach the trial court every time to seek a travel permit.

Lodha would need to seek prior permission in case he wanted to travel internationally, the court clarified.