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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Mahavir Gupta – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner's bail granted; surety required. (Para 1) |
| 2. arguments regarding petitioner's financial status. (Para 2 , 3) |
| 3. court's analysis of petitioner's bail conditions. (Para 4 , 5 , 6) |
| 4. pre-trial release should consider financial circumstances. (Para 8) |
| 5. modification of bail terms favored; release granted. (Para 9 , 10 , 11) |
Petitioner herein, who despite his being granted regular bail in FIR No.227/2021, dated 17.08.2021, under Sections 20, 25 and 29 of the NDPS Act, and Sections 192 and 196 of the Motor Vehicles Act, registered at Police Station Kullu, District Kullu, Himachal Pradesh, is behind bars for his having not able to arrange surety amounting to Rs. 1,00,000/-, is aggrieved of order dated 11.11.2025 passed by learned Special Judge-II, Kullu, District Kullu, Himachal Pradesh, in Cr.MP No.360 of 2025 (Annexure P-2), whereby afore Court while allowing the application for modification of order dated 03.07.2025 passed in FIR, detailed hereinabove, proceeded to reduce the surety amount from Rs. 2,00,000/- to Rs. 1,00,000/-.
2. In nutshell, case of the petitioner as has been highlighted in the petition and further canvassed by
Bail amounts should depend on the accused's financial circumstances, prioritizing personal bonds over sureties to prevent undue hardship.
(1) Excessive bail is no bail – To grant bail and thereafter to impose excessive and onerous conditions, is to take away with left hand what is given with right.(2) In case of multiple FIRs, Same set....
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 relax conditions for parole, taking into account the financial condition of the convict and his family.
Excessive bail conditions may infringe on the fundamental right to liberty, necessitating a balance with attending trial requirements.
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