INSUBCONTINENT EXCLUSIVE:
NEW DELHI: Observing that severe and extreme conditions for bail total up to denying bail, the Supreme Court disapproved of the practice of
enforcing such conditions leading to the implicated suffering in jail.A bench of Justices Krishna Murari and V Ramasubramanian stated that
jail is the exception and grant of bail is the guideline and in such a scenario, the conditions imposed on bail should not be unreasonable
Noting that the implicated stayed in jail regardless of being approved bail in September because of not having the ability to satisfy the
conditions, the Supreme Court modified the high court order and waived off the bail conditions.The Supreme Court did not concur with an
order gone by the Rajasthan high court directing an implicated to transfer a fine of Rs 1 lakh in addition to a surety of the exact same
quantity and two bail bonds of Rs 50,000 each for availing bail in an attempt to murder case and stated it was too onerous, leading to the
implicated failing to adhere to the conditions
Any other accused in a comparable scenario at this moment would not be in custody
However, today appellant, since of the conditions enforced, has actually not had the ability to leave the jail
Can the appellant, for not having the ability to comply with excessive requirements, be apprehended in custody endlessly? To keep the
appellant in prison, that too in a case where he typically would have been given bail for the alleged offenses, is not just a symptom of
injustice, however oppression itself, it said
Keeping in mind that the accused stayed in prison despite being granted bail in September because of not having the ability to satisfy the
conditions, the Supreme Court modified the high court order and waived off the bail conditions
We are unable to appreciate the extreme conditions of bail enforced by the high court
The truth that bail has actually been granted to the appellant herein is evidence enough to reveal that he is not to be languishing in jail
during the pendency of the case
While bail has actually been given to the appellant, the extreme conditions enforced have, in fact, in useful symptom, served as a rejection
If the appellant had paid the required amount, it would have been a various matter
The truth that the appellant was not able to pay the amount, and in default thereof is still suffering in jail, is adequate indication that
he was not able to make up the quantity, the bench said.Referring to different decisions of the peak court, the bench stated the conditions
of bail cant be so onerous.A bench of Justices Krishna Murari - & V Ramasubramanian said that prison is the exception and grant of bail is
the rule and in such a situation, the conditions imposed on bail needs to not be unreasonable.
