Published on: February 12, 2024 at 13:00 IST
The Jharkhand High Court has expressed disapproval of the inclusion of a condition for the payment of money as part of anticipatory bail, stating that it creates the wrong impression that bail can be obtained by depositing money alleged to have been cheated.
The Court emphasized that bail conditions should not be onerous or excessive, and their purpose is to facilitate the accused’s appearance before the investigating officer/court, ensure the unhindered completion of investigation/trial, and safeguard the community.
The Court made these observations while considering a petition seeking to quash part of an order related to a case involving a dispute over the solemnization of a marriage and an alleged payment of Rs.12 Lakhs.
The petitioners argued that they had already returned the sum but were directed to pay it again for anticipatory bail, which they deemed unjust.
The Court noted that the order had already acknowledged the return of Rs.12 Lakhs by the petitioners but still directed them to pay it again for the privilege of anticipatory bail.
Deeming this condition unreasonable, the court emphasized that it does not align with the parameters of granting bail or anticipatory bail.
The Court concluded by setting aside the part of the order requiring the payment of Rs.12 Lakhs and granted anticipatory bail to the petitioners without this condition. The decision aimed to ensure that the conditions imposed align with the legal intent and purpose of bail provisions.
Case Title: Sudhir Narayan & Ors. v. The State Of Jharkhand & Anr.