Bail conditions cannot be so onerous that their existence itself tantamounts to refusal of bail.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of the Cr.P.C., to set aside the order passed in Cr.M.P.No.1152 of 2023, dated 24.02.2023 on the file of the learned Principal Sessions Judge, Thanjavur and modify the condition imposed by the learned Principal Sessions Judge, Thanjavur in Cr.M.P.No.923 of 2023, dated 15.02.2023, in sofar as the condition that the petitioner to pay a sum of Rs.75,000/- which is non-refundable to the credit of the “Chief Educational Officer, Thanjavur Development Fund, Account No.05350100020509” of Bank of Baroda, Thanjavur.)

1.This Criminal Original Petition has been filed to to set aside the order passed in Cr.M.P.No.1152 of 2023, dated 24.02.2023 on the file of the learned Principal Sessions Judge, Thanjavur and modify the condition imposed by the learned Principal Sessions Judge, Thanjavur in Cr.M.P.No.923 of 2023, dated 15.02.2023, in sofar as the condition that the petitioner to pay a sum of Rs.75,000/- which is non-refundable to the credit of the “Chief Educational Officer, Thanjavur Development Fund, Account No.05350100020509” of Bank of Baroda, Thanjavur.

2. The case of the prosecution is that the petitioner was found in illegal possession of 198 numbers of TASMAC (each containing 180ml) brandy liquor bottles. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner was arrested in Crime No.107 of 2023 registered by the respondent police for the offence punishable under Sections 4(1)(a) and 4(1-A) of TNP Act and remanded to judicial custody on 05.02.2023. He had filed an application for bail in Crl.M.P.No. 923 of 2023 before the learned Principal Sessions Judge, Thanjavur and the learned Sessions Judge had granted bail vide order dated 15.02.2023 on condition that the petitioner shall deposit Rs.75,000/-, which is non-refundable, to the credit of the Education Department, by means of Demand Draft to be drawn in any one of the Nationalized Banks in favour of “The Chief Educational Officer, Thanjavur (Development Fund) – Account No.05350100020509” of Bank of Baroda, Thanjavur, IFSC: BARB0TANJOR payable at Thanjavur and produce the original demand draft before the said office and obtain its proper acknowledgment receipt in his name with Crl.M.P.No., from the said office and produce the receipt, xerox copy of Demand Draft along with memo before Jurisdictional Magistrate. He would further submit that the petitioner is a poor man without any means and he is unable to raise funds to comply with the condition and thereby, the petitioner had filed a petition in Crl.M.P.No.1152 of 2023 before the same Judge seeking for modification of the said condition and the same was dismissed on 24.02.2023. He would further submit that though the petitioner was granted bail as early as on 15.02.2023, due to his inability, he is unable to raise funds and languishing in jail which would sufficiently indicate that he is not able to make out money. He would further submit that the Honourable Apex Court as well as this Court had time and again held that excessive conditions cannot be imposed while granting bail/suspension of sentence, conditions of bail cannot be so onerous that their existence itself tantamounts to refusal of bail. He would further submit that keeping the appellant in jail that too in a case where he normally would have been granted bail for the alleged offences, is not just a symptom of injustice, but injustice itself. The learned counsel would further rely on the Judgment of the Honourable Apex Court reported in 2023 Live Law (SC) 45 in the case of Guddan @ Roop Narayan Vs. State of Rajasthan. The following paragraphs are extracted hereunder:-

“...12. Further, in the case of Sandeep Jain Vs. National Capital Territory of Delhi (2000) 2 SCC 66, this Court, while hearing a bail application held that conditions for grant of bail cannot become so onerous that their existence itself is tantamount to refusal of bail. This Court held as un