Bail cannot be granted with one hand, taken away with other: Jharkhand HC
THE JHARKHAND STORY NETWORK Ranchi, August 25: The Jharkhand High Court has observed that bail conditions should not be so onerous that…
THE JHARKHAND STORY NETWORK
Ranchi, August 25: The Jharkhand High Court has observed that bail conditions should not be so onerous that they effectively defeat the purpose of granting bail, saying that courts cannot “grant bail with one hand and take it away with the other.”
Justice Sanjay Kumar Dwivedi observed while hearing a petition filed by Sapath Kumar Chandra alias Sapath Kumar Chand, 57, of Godda, seeking modification of a 2014 order granting him anticipatory bail.
The Court extended by two weeks the time available to the petitioner to surrender before the concerned court and modified the earlier order to that extent, while keeping the remaining conditions intact.
₹35,000 Each to Three Persons, ₹23,000 Bank Draft
The petitioner had been granted anticipatory bail by the High Court on March 26, 2014, in A.B.A. No. 5103 of 2013.
The bail order required him to pay ₹35,000 each to Sanjay Kumar Dubey, Rajesh Sah and Arun Singh, besides furnishing a ₹23,000 bank draft in the name of Jeevan Bhagat.
He was also required to furnish a bail bond of ₹10,000 with two sureties for the same amount.
The petitioner’s counsel told the Court that he had been unable to arrange the required amount and, consequently, could not surrender before the concerned court within the stipulated period.
He submitted that the amount had now been arranged and would be deposited before the court within a week. He therefore sought two weeks to surrender.
HC Says Bail Conditions Must Follow Judicial Principles
Opposing the petition, the State argued that despite being granted anticipatory bail, the petitioner had not surrendered and that the original bail order was passed in 2014.
The High Court, however, noted that the petitioner had been granted statutory bail and examined whether the financial condition imposed in the earlier order was unduly onerous.
The Court observed that imposing conditions while granting bail is part of judicial discretion, but such conditions must be based on sound judicial principles and cannot be arbitrary or mechanical.
“Bail conditions should not be imposed merely for the sake of imposing conditions,” the Court said.
The Court further observed that no onerous condition should be imposed under the guise of granting bail.
“Conditions which are inherently onerous or incapable of being complied with by the accused would amount to granting bail with one hand and taking it away with the other,” Justice Dwivedi observed.
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Accused Gets Two More Weeks to Surrender
The Court took note of the petitioner’s submission that he had now arranged the required amount and would deposit it before the concerned court within a week.
Considering the circumstances, the High Court granted him two additional weeks from August 21 to surrender before the concerned court.
The Court also observed that there is no limitation for approaching the High Court under Section 482 of the Code of Criminal Procedure, corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The order dated March 26, 2014, was modified to this extent, while all other conditions were kept intact.
The petition was accordingly disposed of.
