1. Appeal against conditions imposed by the High Court while granting anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. (Para 2 )
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2024 Supreme(SC) 699
SUPREME COURT OF INDIA
Dipankar Datta, K. V. Viswanathan, JJ.
Manoj Dubey – Appellant
Versus
State Rep. By the Inspector of Police – Respondent
Criminal Appeal No. 1315 of 2024: arising from SLP (Criminal) No. 8024 of 2022
Decided on : 01-03-2024
Advocates appeared:
For the Petitioner(s): Mr. Parijat Kishore, AOR Mr. S. Beno Bencigar, Adv.
For the Respondent(s): Mr. D. Kumanan, AOR Mrs. Deepa. S, Adv. Mr. Sheikh F. Kalia, Adv. Mr. Veshal Tyagi, Adv.
For the Petitioner(s): Mr. Parijat Kishore, AOR Mr. S. Beno Bencigar, Adv.
For the Respondent(s): Mr. D. Kumanan, AOR Mrs. Deepa. S, Adv. Mr. Sheikh F. Kalia, Adv. Mr. Veshal Tyagi, Adv.
Bail conditions must be reasonable and facilitate the accused's appearance and the investigation's completion. Onerous, excessive, or unjustified financial conditions, such as depositing large sums of money or property deeds, are unsustainable and cannot be imposed as a condition for granting bail.
Headnote:
Criminal P.C. 1973 -- S. 438 -- anticipatory bail -- conditions -- condition to deposit sum of Rs. 5,00,000/- and original title deeds of immovable property worth Rs. 25,00,000/- -- held -- imposition of such condition wholly unjustified -- cannot be sustained -- conditions that facilitate appearance of accused before investigating officer/Court, unhindered completion of investigation/trial and safety of community are relevant, not any condition which is onerous or unreasonable or excessive -- impugned condition set aside. (2023) 7 SCC 461 and (2021) 2 SCC 779 relied on. [Paras 2 & 3]
Legal Category Hierarchy
Table of Contents
2. Challenge to the validity of bail conditions requiring the deposit of money and original title deeds of immovable property. (Para 2 )
3. Bail conditions must facilitate the accused's appearance and the investigation's completion without being onerous, unreasonable, or excessive. (Para 3 )
4. Bail conditions are only justified if they ensure the accused's appearance, unhindered investigation, and community safety, and must not be onerous or excessive. (Para 3 )
5. Impugned bail conditions set aside and appeal allowed. (Para 4 )
6. What are the valid grounds for imposing conditions when granting bail?
Conditions are relevant only if they facilitate the appearance of the accused before the investigating officer or Court, ensure the unhindered completion of the investigation or trial, and maintain the safety of the community. (Para 3 )
7. Are onerous or excessive financial conditions permissible for the grant of bail?
No, conditions that are onerous, unreasonable, or excessive are considered unjustified and cannot be sustained. (Para 3 )
ORDER
1. Leave granted.
2. This appeal, at the instance of the petitioner before the High Court, is directed against a part of the judgment and order dated 16.3.2020 of the High Court. While allowing an application under section 438 of the Code of Criminal Procedure, 1973 preferred by the appellant, the High Court imposed several conditions for the appellant to comply with, in order to be entitled to enjoy the benefit of the order releasing him on bail. The appellant is aggrieved by one such condition which reads as follows : --
“7. xxx xxx xxx
c. The petitioner shall deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the credit of Crime No. 24 of 2019 and also deposit original title deeds of immovable property worth of Rs.25,00,000/- (Rupees Twenty Five lacs only), to the credit of Crime No. 34 of 2019, before the concerned Magistrate, within a period of two weeks from the date on which the order copy is made ready.”
3. Having heard learned counsel appearing for the parties, we are of the view that imposition of such a condition is wholly unjustified and cannot be sustained in view of the decisions of this Court in Ramesh Kumar v. the State of NCT of Delhi (2023) 7 SCC 461 and Dilip Singh v. State of Madhya Pradesh & Anr., (2021) 2 SCC 779 and other decisions referred to therein. The High Court erred in not bearing in mind that in the context of grant of bail, all such conditions that would facilitate the appearance of the accused before the investigating officer/Court, unhindered completion of investigation/trial and safety of the community assume relevance and not any condition which is onerous or unreasonable or excessive.
4. The impugned condition forming part of paragraph 7 of the impugned judgment and order, accordingly, stands set aside. The appeal is allowed.
5. The trial Court is encouraged to expedite the trial in accordance with law.
6. Pending application(s), if any, shall stand disposed of.
