Bail conditions must be justified and based on merits; arbitrary delays in bail bond submission are improper.

Headnote:(A) Criminal Procedure Code, 1973 - Section 439 - Bail - The High Court granted bail subject to the condition of furnishing bail bonds after six months, which was deemed improper as no reasons were provided for such postponement - The court emphasized that bail should be granted or rejected based on merits without unnecessary conditions. (Paras 3 and 4)

(B) Judicial Discretion - The court reiterated that the discretion to grant bail must be exercised judiciously and in accordance with established legal principles. (Para 3)

Facts of the case:
The petitioner sought bail in connection with Sadar Excise P.A. Case No. 125 of 2024, but the High Court imposed a six-month delay for bail bond submission without justifying the condition.

Findings of Court:
The High Court's order was set aside, and the matter was directed to be decided afresh on merits.

Issues: The main issue was the legality of imposing a six-month delay for bail bond submission without merit-based reasoning.

Ratio Decidendi: The court held that conditions for bail must be justified and that the High Court should decide bail applications based on merits rather than arbitrary timelines.

Result: The impugned order was set aside, and the bail application was restored for fresh consideration.

JUDGMENT :

1. Heard learned counsel for the petitioner.

2. The order under challenge, is the order dated 19.09.2024, passed by the High Court of Judicature at Patna, in Criminal Miscellaneous No. 65227 of 2024, which reads as hereunder;

(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the Court.”….

3. This is one of the few orders we have come across in last few days passed by the High Court, in which, without deciding the matter on merits, the High Court has granted the bail to the present petitioner, subject to the condition that the petitioner-accused shall furnish the bail bonds after six months of the passing of the order. There are no reasons assigned as to why the implementation of the order granting bail was postponed for six months. In our opinion, no such condition could be imposed for grant of bail to a person/accused. If the Court is satisfied on merits, it should grant bail or otherwise, reject the same.

4. In that view of the matter, without issuing notice to the respondent-State, the impugned order dated 19.09.2024, is set aside. It is directed that the Criminal Miscellaneous No. 65227 of 2024, filed by the petitioner, shall be restored on the file of the High Court, and shall be listed before the concerned Court on 11.11.2024, for deciding the matter/application afresh on merits, and in accordance with law.

5. Accordingly, the special leave petition is disposed of.

6. Pending application(s), if any, shall stand closed.

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