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SUPREME COURT OF INDIA
J.B. Pardiwala, Ujjal Bhuyan, JJ.
Sharwan Kumar Yadav @ Sharwan Yadav – Petitioner
Versus
State Of Bihar – Respondent
Special Leave Petition (Criminal) Diary No.27349 of 2024
Decided On : 01-07-2024
.Criminal Procedure Code, 1973 – Section 439 – Indian Penal Code, 1860 – Section 366(A) read with Section 34 – Grant of bail – Imposition of unreasonable/onerous condition by High Court – High Court ordered release of petitioner on bail but subject to condition that surety shall be victim – It is case of petitioner that it was practically impossible to ask victim to stand as a surety – Because of such absurd condition imposed by High Court, petitioner although ordered to be released on bail way back in July 2023, yet is still languishing in jail – Condition imposed by High Court as regards asking victim to stand as a surety stayed from its operation – Petitioner ordered to be released on bail. (Paras 3, 6, 8 and 9)
Facts of the case:
Petitioner herein prayed for bail before the High Court in connection with First Information Report dated 26th January 2023 registered for the offence punishable under Section 366(A) read with Section 34 of Indian Penal Code.
Findings of Court:
Petitioner ordered to be released on bail subject to terms and conditions that trial court may deem fit to impose.
Result : Impugned Order modified.
ORDER :
1. Delay condoned.
2. The petitioner herein prayed for bail before the High Court in connection with the First Information Report dated 26 January 2023 registered with Bahera Police Station, Darbhanga, State of Bihar for the offence punishable under Section 366(A) read with Section 34 of the Indian Penal Code.
3. We take notice of a very unusual order passed by the High Court. The High Court vide order dated 25 July 2023 ordered release of the petitioner on bail, but subject to the condition that the surety shall be the victim. It is the case of the petitioner that it was practically impossible to ask the victim to stand as a surety.
4. In such circumstances, the petitioner preferred an application seeking modification of the condition. The modification application came to be rejected by the High Court vide order dated 12 January 2024.
5. In such circumstances, the petitioner is before this Court.
6. It is very unfortunate to note that because of such absurd condition imposed by the High Court, the petitioner although ordered to be released on bail way back in July 2023, yet is still languishing in jail.
7. Issue notice, returnable in four weeks.
8. The condition imposed by the High Court vide order dated 25 July 2023, as regards asking the victim to stand as a surety is stayed from its operation.
9. The petitioner is ordered to be released on bail subject to the terms and conditions that the trial court may deem fit to impose.
Bail – Court should not impose unreasonable/onerous condition while granting bail to accused.
Grant of bail – Ordinarily, in serious offences, once trial commences and prosecution starts examining its witnesses, Court should be loath in entertaining bail application of accused – Once trial co....
Indigent accused entitled to bail on own bond when unable to secure sureties despite prior bail grant.
The High Court may exercise its discretionary power to modify bail conditions, including reporting requirements and timeframes for executing sureties, if it finds the existing conditions to be imprac....
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