A bench of Justices Hrishikesh Roy and Pankaj Mithal on August 17 noted that the accused Ejike Jonas Orje had been incarcerated for over nine years and the bail condition required him to get a certificate from the High Commission of Nigeria stating that he would fulfill all his bail terms
The bail condition set by the Delhi High Court in June 2022 requiring an embassy certificate had prevented him from being released on bail.
“The liberty of an accused who is facing prolonged trial deserves attention of the Court … Prolonged incarceration of undertrial prisoners violates the constitutional principles of dignity and liberty. In this case, even though Bail was granted, the accused could not be released due to an onerous condition“, the bench observed.
The top court, therefore, waived the said bail condition and allowed the accused man’s appeal against the Delhi High Court order.
Source: Barandbench
