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HARPREET SINGH BRAR
Saraswati Devi – Appellant
Versus
Harvinder Singh Sodhi – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
This second petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for setting aside the impugned order dated 24.10.2024 (Annexure P-2) passed by the learned Judicial Magistrate 1st Class, Jalandhar, whereby, the petitioner was ordered to furnish bail bonds in the sum of Rs.50 lakh in criminal complaint No. NACT-2408-2024 instituted on 16.04.2024 titled as ‘ Harvinder Singh Sodhi Vs. Om Enterprises ’ under Section 138 of the Negotiable Instruments Act. Earlier petition was dismissed as withdrawn vide order dated 20.01.2025 passed by this Court and liberty was granted to file fresh petition as some typographical mistake was crept in the said petition.
2. Learned counsel for the petitioner inter alia contends that producing such a heavy surety would suffocate the fundamental right of the petitioner enshrined under Article 21 of the Constitution of India and it is a trite law that imposing excessive bail condition infringes the very right of life and personal liberty of the accused protected by Article 21 of the Constitution of India. The quantum of surety and unreasonably high amount effectively defeats the right of the
Excessive bail conditions infringe upon fundamental rights, necessitating reasonable surety to avoid penalization for seeking liberty.
Bail amounts should depend on the accused's financial circumstances, prioritizing personal bonds over sureties to prevent undue hardship.
Excessive bail conditions impair personal liberty and may indirectly deny bail, conflicting with Article 21 rights.
Excessive bail conditions infringe personal liberty and violate the constitutional right to a fair trial under Article 21.
Excessive bail conditions may infringe on the fundamental right to liberty, necessitating a balance with attending trial requirements.
Suspension of sentence and release on bail – Bail/surety bonds are executed to ensure presence of accused/appellant whenever required by court, and not as a guarantee for fine amount or amount sought....
Excessive bail conditions infringe on personal liberty; courts can modify bail orders under Section 362 Cr.P.C. when genuine difficulties arise.
Bail conditions must ensure the presence of the accused and should not impose onerous financial guarantees related to the fine amount.
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