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1992 Supreme(Raj) 816

RAJASTHAN HIGH COURT
B.R.Arora, J.
Harnek Singh - Appellant
Versus
The State of Rajasthan - Respondent
S.B. Cri. Misc. Petition No. 306 of 1992.
Decided On : 12-08-1992

The court has the power to impose conditions for granting bail, but such conditions should not be excessive or onerous to the extent of denying the protection of law.

Headnote:

Bail Conditions - Imposition of Deposit for Debts - The court held that while the court has the power to impose conditions for granting bail, such conditions should not be excessive or onerous to the extent of denying the protection of law. The condition of depositing Rs. 15,000 for debts was deemed unwarranted and quashed.

Fact of the Case:

The petitioner challenged the condition imposed by the lower court, which required him to deposit Rs. 15,000 against his debts in order to be released on bail.

Finding of the Court:

The court found the condition of depositing Rs. 15,000 for debts to be unwarranted and set it aside, allowing the petitioner to be released on bail upon furnishing a personal bond and sureties as per the remaining part of the order.

Issues: The issue was whether the condition imposed by the lower court for the petitioner to deposit Rs. 15,000 against his debts in order to be released on bail was justified.

Ratio Decidendi: The court held that while the court has the power to impose conditions for granting bail, such conditions should not be excessive or onerous to the extent of denying the protection of law.

Final Decision: The petition was allowed, and the condition of depositing Rs. 15,000 was set aside, allowing the petitioner to be released on bail upon furnishing a personal bond and sureties as per the remaining part of the order.

JUDGMENT

1. - This miscellaneous petition is directed against the order dated July 23, 1992, passed by the Additional Sessions Judge No. 2, Hanumangarh, by which the learned Additional Sessions Judge allowed the bail application filed by the petitioner, but imposed a condition that the petitioner should first make payment of Rs. 15,000/- against his debts and obtain the receipt and deposit the same in the Court and only after the amount is deposited, the petitioner may be released on bail on his furnishing a personal bond in the amount of Rs. 10,000/- with two sureties in the amount of Rs. 5000/- each. The petitioner has only challenged the condition imposed regarding payment/depositing of Rs. 15,000/- towards the debts money.

2. Sections 437, 438 and 439 Cr.PC, which deal with the powers of the Courts to release the accused on bail, authorise the Court to impose such condition as the circumstances of the case so warrant. The object for imposing the condition while granting bail to the accused, is to see that the accused, who is released on bail, should not hamper with the trial and misuse the liberty granted to him by tampering with the witnesses, may not interfere in the administration of justice and should be available for trial. But the conditions imposed by the Court, while ordering the release of the accused on bail, should not be so excessive so to frustrate the very object of granting the bail, and must not be so onerous that it may amount to denial of the protection of law. The condition imposed by the learned lower Court in the present case, directing the petitioner to deposit Rs. 15,000/- in a bank against his debts, appears to be unwarranted and deserves to be quashed.

3. In the result, I allow this miscellaneous petition, filed by the petitioner, and set-aside the condition of depositing Rs. 15,000/- and maintain the remaining part of the order. The petitioner may be released on bail on his furnishing the personal bond in the sum of Rs. 10,000/- with two sureties of Rs. 5000/- each to the satisfaction of the trial Court.Petition allowed.

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