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AHSANUDDIN AMANULLAH, PANKAJ MITHAL
Ashish Paliwal – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. bail conditions imposed on petitioner. (Para 1) |
| 2. argument against onerous bail conditions. (Para 2) |
| 3. notice issued for petition. (Para 3) |
| 4. modification of bail condition granted. (Para 4) |
ORDER :
1. The petitioner has been granted bail by the order impugned subject to deposit of Rs. 14,94,000/- in three instalments.
2. Aggrieved by the condition so imposed while granting bail, the petitioner has approached this Court and submits that such onerous condition of deposit cannot be imposed while granting bail. It is submitted that the petitioner is a poor person but he may deposit a sum of Rs. 5,00,000/-, as required to be deposited, as the first instalment.
3. Issue notice, returnable within four weeks.
4. In the meantime, the petitioner shall be released on bail as directed by the High Court but without insisting for the deposits, as directed under the bail order, provided the petitioner deposits a sum of Rs. 5,00,000/- before the Trial Court within a period of two weeks.
While granting bail, the Court should not impose onerous conditions.
Grant of bail – Condition to deposit huge amount cannot be imposed.
Imposing a financial deposit as a condition for bail is impermissible and criminal proceedings cannot be converted into recovery proceedings.
Bail should not be granted or conditioned on financial undertakings; it must be assessed strictly on its merits according to law.
The condition of depositing money as a prerequisite for grant of bail is not only unconscionable but also amounts to depriving the petitioner of his right to personal liberty under Article 21 of the ....
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