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2023 Supreme(SC) 312

SANJAY KISHAN KAUL, ABHAY S. OKA
Talat Sanvi – Appellant
Versus
State Of Jharkhand – Respondent


JUDGMENT :

SANJAY KISHAN KAUL, J.

Leave granted.

1. The issue raised in this appeal is that whether interim victim compensation in proceedings for anticipatory bail can be imposed as a condition for the same.

2. We do believe that the impugned order suffers from an infraction of law as the question of interim victim compensation cannot form part of the bail jurisprudence.

3. This issue already stands clarified by the pronouncements of this Court inter alia in Sahab alam @ Guddu v. The State of Jharkhand & Anr. -Criminal Appeal No.1318/2022, dated 24.08.2022 and Udho Thakur and Anr. ETC. v. The State of Jharkhand & Anr. -Criminal Appeal Nos.1703-1704 of 2022 dated 29.09.2022.

4. In Sahab Alam case (supra) we had dealt with the orders passed by the learned Judge in various matters granting bail on condition of depositing substantive sums of money without consideration of the requirements of bail dependent on the nature of offences and thus, it was observed that bail cannot per se be granted if a person can afford to deposit the money or has the capacity to pay.

5. All the impugned orders were set aside and the matter was remitted back.

6. In Udho Thakur (supra) the aspect of use of expressio


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