Supreme Court has embarked on a critical examination of bail conditions faced by foreign nationals involved in legal proceedings within India. A division bench led by Justice Abhay S Oka and Justice Sanjay Karol recently issued a directive to the Centre, requesting clarification on whether courts have actively integrated the stipulation of Embassy or High Commission assurance as a condition for granting bail.

The impetus for this inquiry emerged from a case where a foreign national was being prosecuted under the Narcotics and Psychotropic Substances Act. This specific case involved bail conditions set by the Delhi High Court, including a demand for assurance from the Nigerian High Commission that the accused would not leave the country. This condition was reportedly influenced by a 1994 Supreme Court decision, known as the Legal Aid Committee vs. Union Of India case.

However, the Supreme Court expressed reservations about the practicality of enforcing such assurances. In a previous order issued on July 21, 2023, the court voiced its initial skepticism, suggesting that foreign Embassies and High Commissions might face difficulties in providing the required assurances as outlined in the legal provision.

The bench's deliberations also extended to whether a reevaluation of the specific legal provision, Clause (iv) of the 1994 directions, needed to be referred to a larger bench for consideration.

Furthermore, the Supreme Court questioned whether bail could be denied to an accused individual if their Embassy or High Commission failed to provide the requisite assurance. The court contemplated whether alternative measures could be adopted to ensure the accused's presence without resorting to bail denial.

In addition to these considerations, the court delved into the constitutionality of imposing a bail condition that necessitates sharing the accused's PIN location on Google Maps with the investigating officer. This inquiry was sparked by a related issue raised in a previous order dated July 21, 2023.

To assist in addressing these complex questions, the court appointed Senior Advocate Vinay Navare as amicus curiae, responsible for providing expert insights.

The Centre has been instructed to provide technical details regarding the sharing of PIN locations and the potential consequences of imposing such a bail condition. The matter is scheduled for further deliberation on October 13, 2023.

Notably, the same division bench is concurrently examining a comparable matter concerning the sharing of live locations as a bail condition in a case involving the Enforcement Directorate's challenge against a Delhi High Court order granting bail to an internal auditor implicated in a significant bank loan fraud case.