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IN THE HIGH COURT OF ORISSA AT CUTTACK
G. SATAPATHY
Harsha C – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to bail conditions. (Para 1) |
| 2. court's analysis of onerous bail conditions. (Para 2 , 3) |
| 3. judicial perspective on geographical discrimination in bail conditions. (Para 4) |
| 4. court's decision on waiver of kin relative surety. (Para 5) |
| 5. final order on the bail condition. (Para 6) |
Judgment :
1. Against the imposition of condition to furnish “one surety, who must be a kin relative of the accused” by the learned Sessions Judge, the petitioner has invoked the jurisdiction of this Court U/S. 483(1)(a)/(b) of BNSS .
3. It appears that the learned Sessions Judge while granting bail to the accused has imposed a condition on the petitioner to furnish a surety, who must be his kin relative, but it appears that such condition is not only onerous, but also the same was an impediment for the petitioner for getting out of the jail. Right to personal liberty is the constitutional mandate, but detaining a person in custody is an exception and that must be in according to the procedure established by law. Regarding imposition of conditions in granting bail, law is also fairly well settled in Moti Ram & Others vs. State of Madhya Pradesh; (1978) 4 SCC 47 , wher
Excessive bail conditions impair personal liberty and may indirectly deny bail, conflicting with Article 21 rights.
Excessive bail conditions infringe upon fundamental rights, necessitating reasonable surety to avoid penalization for seeking liberty.
The court emphasized the purpose of putting restrictions while granting bail to secure the presence of the accused during trial without creating impractical hindrances in their release.
Excessive bail conditions may infringe on the fundamental right to liberty, necessitating a balance with attending trial requirements.
Onerous bail conditions cannot be imposed for statutory bail, and the court must consider only the requirement of whether the accused person is prepared to furnish bail.
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