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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Sandeep Mehta, Kuldeep Mathur, JJ.
Bali – Appellant
Versus
State of Rajasthan – Respondent
D.B. Criminal Miscellaneous Application No. 410 of 2022
Decided On : 13-12-2022
Surety Bonds - Bail Modification - The court modified the condition of furnishing surety bonds for bail during the pendency of the appeal due to the poor financial condition of the appellant's family.
Fact of the Case:
The appellant sought modification of the condition of furnishing surety bonds for bail during the pendency of the appeal, citing her poor financial condition.
Finding of the Court:
The court considered the poor financial condition of the appellant's family and relaxed the requirement of furnishing two sureties, allowing the appellant to be released on bail with one personal bond and one surety.
Issues: Modification of bail conditions due to poor financial condition of the appellant's family.
Ratio Decidendi: The court's decision was influenced by the humanitarian consideration of the appellant's family's poor financial condition, leading to the relaxation of the surety bond requirement.
Final Decision: The court directed the appellant to be released on bail with one personal bond and one surety, considering the poor financial condition of the appellant's family.
JUDGMENT
1. Heard. Perused the material available on record.
2. The sentence awarded to the applicant-appellant herein by the trial court has been suspended by this Court vide order dated 13.10.2022 passed in D.B. Criminal Misc. Second Suspension of Sentences Application (Appeal) No.826/2022 whereby she has been directed to furnish a personal bond in the sum of Rs.50,000/- and two sureties in the sum of Rs.25,000/- each to the satisfaction of learned trial Judge along with certain other conditions for being released on bail during pendency of the appeal.
3. The appellant has approached this Court by way of present misc. application seeking modification in the condition of furnishing surety bonds in terms of the order dated 13.10.2022 on the ground of her poor financial condition.
4. Learned AAG Shri Joshi has submitted the family status report of the appellant, forwarded by the SHO PS Mandalgarh, District Bhilwara, as per which, the financial condition of the appellant’s family is poor.
5. Having regard to the facts and circumstances of the case, we feel that the prayer of the appellant that the condition of furnishing surety bonds, imposed in the order dated 13.10.2022 may kindly be waived and she may be released on bail during pendency of the appeal on personal bond only cannot be accepted. However, considering the poor financial condition of the appellant’s family, as reflected in the appellant’s family status report submitted by learned AAG, on humanitarian consideration, the requirement of furnishing two sureties as imposed in the order dated 13.10.2022 passed in D.B. Criminal Misc. 2nd SOS Application (Appeal) No.826/2022 is relaxed/modified and it is directed that the appellant Smt. Bali W/o Shri Nathu Bhil shall be released on bail during pendency of the appeal upon furnishing one personal bond in the sum of Rs.50,000/- and one surety in the like amount to the satisfaction of learned trial judge for her appearance in this Court on 13.01.2023 and whenever ordered to do so till the disposal of the appeal on the conditions, referred to in the order dated 13.10.2022.
The misc. application is disposed of accordingly.
The court may modify bail conditions based on humanitarian considerations, such as the poor financial condition of the appellant's family.
Bail amounts should depend on the accused's financial circumstances, prioritizing personal bonds over sureties to prevent undue hardship.
The court established that financial hardship can justify the relaxation of conditions imposed for parole, ensuring that legal provisions are applied equitably.
The court has the discretion to waive surety conditions for parole based on the petitioner's financial circumstances and previous rulings.
Excessive bail conditions infringe on personal liberty; courts can modify bail orders under Section 362 Cr.P.C. when genuine difficulties arise.
The court has the discretion to modify a judgment and order in consideration of exceptional circumstances, such as those arising from a lockdown.
The court has the discretion to waive the condition of furnishing sureties and depositing fine amount based on the accused's financial circumstances and belonging to weaker sections of society.
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