Bail Condition Shouldn't Be Stringent Otherwise It Would Amount to Denial of Bail And Violates Accused's Right Of Personal Liberty

Team SoOLEGAL 11 Jan 2021 3:14pm

Bail Condition Shouldn't Be Stringent Otherwise It Would Amount to Denial of Bail And Violates Accused's Right Of Personal Liberty

In a case Bhagwat Joshi Vs. State of Chattisgarh[1], the High Court of Chattisgarh was of the view that, imposing forceful conditions while granting bail   may lead to denial of bail which may also further lead to violation of fundamental rights of the accused under Article 21 of Indian Constitution. The Court had also noted that, the bail conditions must be reasonable in nature.

Justice Sanjay K. Agarwal was hearing a petition in which the petitioner was an accused under Section 420/34 of Indian Penal Code 1860. The petitioner had stated that, he had filed an application under Section 437 of Code of Criminal Procedure, 1973 for grant of bail and his bail application was accepted by the Learned Magistrate imposing a bank guarantee of Rs. 200000/- or cash. Being aggrieved by the said order a revision petition was filed by the petitioner and First Additional Sessions Judge had modified the order partly by stating that, the petitioner must furnish a bank guarantee of Rs 100000/- including a bail bond of Rs 10000/-.

Questioning the validity and accuracy of the order passed by the Additional Sessions Judge ordering the complainant to include a bank guarantee for one lakh, an urgent petition under Section 482 of the Code of Criminal Procedure, was favoured.

The High Court was of the view that, while granting bail, the conditions to it must not be arbitrary and impulsive, rather it should be reasonable in nature. The Court also must not insist the accused to provide cash security or local surety. The Court had referred a Supreme Court Case, Moti Ram Vs. State of Madhya Pradesh[2] in which the Bench had strongly disapproved the practice of imposing a huge sum of money at the time of granting bail.

In this case the Court was of the view that, the petitioner is only a small agriculturist and it will be very much difficult for him to pay such a huge amount of money to fulfil the condition of bail. The Court by noting that these types of conditions are stringent in nature, had set aside the condition imposing bank guarantee of Rs 100000/- and had directed to release the petitioner on furnishing a bail bond of Rs/- 20000.  

Tagged: Right Of Personal Liberty   Chattisgarh High Court   Bhagwat Joshi   Chattisgarh   Article 21   Indian Constitution   fundamental rights   Justice Sanjay K. Agarwal   Indian Penal Code   Code of Criminal Procedure  
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