Compensation granted to victims in a trail cannot be treated as a ground of bail for accused: SC

Team SoOLEGAL 14 Jul 2021 3:30pm

Compensation granted to victims in a trail cannot be treated as a ground of bail for accused: SC

The Apex Court observed that depositing compensation to victims must not be considered as a condition for granting bail to the accused.

Justices Hemant Gupta and S. K.Paul stated, “We may hasten to add that we are not saying that no monetary condition can be imposed for grant of bail. We say so as there are cases of offences against property or otherwise but that cannot be a compensation to be deposited and disbursed as if that grant has to take place as a condition of the person being enlarged on bail.”

It was noted by the bench that from a simple reading of Section 357 CrPc that the said compensation arises only after the closure of the trail, taking into consideration one’s discretion. Therefore, without a complete trial, a sentence cannot be given, so, such compensation doesn’t come into question. This decision was declared as an order for a plea of two accused, to whom bail was granted by the High Court with a condition of depositing Rs 2 Lakh compensation to victims.

In November 2019, Amreli police station registered an FIR, with respect to a fight between the complainant and some people of the same caste. The FIR was registered charging 13 individuals under Sections 302, 307, 324 and many more of IPC.

The court was of the opinion that paying compensation to the victims in cases including bodily damage ought to be a technique for reclamation. However it added, “To prevent unnecessary harassment, compensation has been provided where meaningless criminal proceedings had been started. Such a compensation can hardly be determined at the stage of grant of bail.”

It was thereafter stated by the bench that Rs 2 Lakh compensation given to the legal heirs of the deceased, normally can't be supported and must be consistently saved. “We consider it appropriate to impose the same terms and conditions for grant of bail upon the appellants and set aside condition of the bail requiring the appellants to deposit Rs 2 lakh each towards compensation to the victims before the trial court and the consequential orders for disbursement,” said the bench.

Another condition was imposed by the bench, that, “the appellants will not enter the geographical limits of Amreli for a period of six months except for marking presence before the police station concerned and to attend the court proceedings.”

Tagged: Apex Court   Justice Hemant Gupta   Justice S. K.Paul   High Court   Amreli police station   FIR   IPC   criminal cases   trial court  
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