Ashish Paliwal vs State Of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 1402

SUPREME COURT OF INDIA
PANKAJ MITHAL AND AHSANUDDIN AMANULLAH, JJ.
Ashish Paliwal – Appellant
Versus
State Of Madhya Pradesh – Respondent
Petition(s) for Special Leave to Appeal (Criminal) No(s). 564 of 2025 [Arising out of impugned final judgment and order dated 05-11-2024 in MCRC No. 41604/2024 passed by the High Court of Madhya Pradesh at Indore]
Decided on : 17-01-2025

Headnote:(A) Code of Criminal Procedure, 1973 - Bail provisions - The petitioner contested the condition imposed for bail requiring deposit of Rs. 14,94,000/- in installments, arguing it fundamentally burdens a poor individual. The Supreme Court granted relief by allowing bail upon a reduced first installment deposit of Rs. 5,00,000/-. (Paras 1-4)

(B) Constitution - Right to liberty - Bail conditions must not be excessively onerous, especially for financially disadvantaged individuals. (Para 2)

Facts of the case:
The petitioner challenged the High Court's bail condition requiring excessive deposit for release. The High Court had ordered bail subject to deposit of Rs. 14,94,000/- in three installments.

Findings of Court:
The Supreme Court allowed a reduced deposit for bail, emphasizing the need for reasonable conditions.

Issues: The key issue addressed was the appropriateness of onerous bail conditions for financially weaker individuals.

Ratio Decidendi: The Court held that bail conditions should be moderate and not excessively burdensome, particularly for those lacking financial resources.

Result: The condition for excessive deposit was relaxed, allowing bail upon a lower initial deposit.

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.

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