Imposing Difficult Conditions for Bail Amounts to Denial of Bail, Rules Supreme Court
Imposing Difficult Conditions for Bail Amounts to Denial of Bail, Rules Supreme Court
Recently, the Supreme Court remarked that imposing onerous or difficult conditions for bail is equal to denial of bail.
This observation was made by a Bench of Justices Nageswara Rao and Br Gavai while setting aside an Orissa High Court order wherein a petitioner was asked to deposit Rs 20 lakh and to provide security of immovable property worth Rs 20 lakh for bail.
In this case, the petitioner is an accused in a criminal case and was booked u/s 46, 468, 420, 471, and 120B of IPC and u/s 4,5, and 6 of Prize Chits and Money Circulation Scheme Act.
The High Court of Orissa had granted bail to the accused on 25.03.2021 on the conditions that he has to deposit Rs 20 lac in cash and immovable property as security worth another Rs 20 lac. aggrieved, the petitioner moved the Apex Court.
Other conditions imposed by the High Court were that the accused cannot leave West Bengal, he will not try to influence the witnesses or tamper with the evidence of the case. Another condition was that the accused will report to the IO of the case every 15 days till the trial is complete.
ITEM NO.26
Court 5 (Video Conferencing) SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).4705/2021
(Arising out of impugned final judgment and order dated 25-03-2021 in BLAPL No.8876/2019 passed by the High Court Of Orissa At Cuttack)
MITHUN CHATTERJEE Petitioner(s)
VERSUS
STATE OF ODISHA Respondent(s)
(FOR ADMISSION and I.R.) Date : 12-11-2021
This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE B.R. GAVAI For Petitioner(s) Mr. Ashok Kumar Panigrahi, Adv. Mr. Gautam Laha, Adv. Mr. Sanjeev Kumar, AOR For Respondent(s) Mr. Suvendu Suvasis Dash, AOR UPON hearing the counsel the Court made the following O R D E R The petitioner is accused in a criminal case for committing offence under Sections 467, 468, 471, 420 and 120B of the Indian Penal Code and Sections 4, 5 and 6 of the Prize Chits and Money Circulation Scheme (Banning) Act.
An application filed by him for bail which was allowed by the High Court vide order dated 25.03.2021 subject to the petitioner depositing cash of Rs.20 lakhs and providing security of immovable property to the tune of Rs.20 lakhs.
The petitioner has filed this special leave petition aggrieved by the condition imposed by the High Court for grant of bail. We are of the considered view that imposition of onerous conditions for grant of bail tantamount to denial of bail. Therefore, we set aside the order of the High Court relating to the condition imposed by the High Court directing the petitioner to provide cash security of Rs.20 lakhs and to furnish security of immovable property for Rs.20 lakhs.
The special leave petition is, accordingly, disposed of. Pending application(s), if any, shall stand disposed of.
(Arjun Bisht) Court Master
(Anand Prakash) Court Master
News Courtesy By : LAW TREND
