Supreme Court: While granting Bail, imposition of onerous conditions is equal to denial of Bail

Alka Verma

Published On: November 16, 2021 at 18:30 IST

Recently, the Supreme Court of India held that while granting Bail, imposing onerous conditions on Applicants is equal to denial of Bail.

“We are of the considered view that imposition of onerous conditions for grant of bail tantamount to denial of bail,” stated the Court.

The Court made this observation while dealing with a Petition filed by an Accused man who challenged an Order of Orissa High Court.

According to the Petitioner, who is also an Accused 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, when he applied for the Bail, the High Court imposed onerous conditions on him.

Before the Apex Court, the Petitioner contended that when he applied for Bail, the High Court asked him to deposit a sum of Rs. 20 lakh cash as well as also asked him to provide security of immovable property worth 20 lakhs.

Adding to this, for granting Bail, the High Court also imposed certain restrictions on him such as to not leave the State as well as reporting the Investigating Officer of the case every fifteen days till the conclusion of the trial.

Getting aggrieved with the order of the High Court, the Petitioner moved to the Apex Court.

After observing that the conditions imposed by the High Court were onerous, the Apex Court quashed the order of the High Court.

“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,” stated the Apex Court.

Lastly, the Top Court disposed of the Special Leave Petition, accordingly.

Click here to Read/Download Order

Also Read: Understanding the Concept of Bailment

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