Location/GPS to be kept ‘ON’ as bail condition: Punjab High Court.

The Punjab High Court on 8th February, 2023, in Hussain Abbas Alias Tippu v/s State of Haryana (CRM-M-1210-2023), held several bail conditions for the accused, listed in the bail orders. The judgement was presided by Honourable Mr. Justice Anoop Chitkara.
The petitioner sought bail before the Court under Section 439 of the Code of Criminal Procedure, 1973. The petitioner was booked under Sections 148, 149, 307, 427 IPC. The petitioner sough bail on the grounds of parity contending that co-accused placed in the same condition was granted the benefit of bail.
The court observed that the state did not dispute the fact that the allegations against the petitioner were more severe than those against the co-accused who was granted bail. The court referred to Sushila Agarwal v/s State (NCT of Delhi) and another 2020 5 SCC 1.
Further, the court held the ground for granting bail as “Within fifteen days of release from prison, the petitioner shall procure a smartphone and inform its IMEI number and other details to the SHO/I.O. of the Police station mentioned above. The petitioner shall always keep the phone location/GPS on the “ON” mode. Whenever the Investigating officer asks to share the location, the petitioner shall immediately do so. The petitioner shall neither clear the location history, WhatsApp chats, call logs nor format the phone without permission of the concerned SHO/I.O. This condition shall continue till the completion of the trial or closure of case, whichever is earlier.”
The Court also ordered for the surrender of all arms and ammunition held by the petitioner but return of the same under the Indian Arms Act, 1959 on acquittal. The petitioner was also ordered to not maintain any form of contact with the victim or the victim’s family , physically, social media, calls or by any other means.

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