'Absurd, Impossible' : Supreme Court On HC's Condition That Accused Will Get Bail Only If Victim Stands As Surety

The Supreme Court on Monday (July 1) expressed disappointment over an 'absurd' condition for bail imposed by the Patna High Court where the bail was granted to an accused on the condition that the victim of the offence should stand as his surety. The Court lamented how such a condition led to the petitioner suffering in jail for a year despite being ordered for release.

The vacation bench of Justices JB Pardiwala and Ujjal Bhuyan was hearing a matter where the Patna High Court granted bail to the petitioner on the unusual condition that the victim of the offence shall stand as the petitioner's surety. 

The Court while issuing notice in the petition observed that because of such an 'absurd' condition the Petitioner who was originally granted bail in July 2023, has been in jail ever since. 

"It is very unfortunate to note that because of such absurd conditions imposed by the High Court, the petitioner although ordered to be released on bail way back in July 2023, yet is still languishing in jail." 

The case pertained to an FIR dated January 26, 2023, registered against the petitioner for the offence of procuration of a minor girl done with common intention. (S. 366A read with S. 34 of the IPC). 

The High Court imposed the said condition of bail in its order dated July 25, 2023. Seeing the impossibility of the fulfilment of such an 'unusual' condition by the victim itself, the Petitioner had sought a modification of the bail order. The modification application was rejected by the High Court through the impugned order dated January 12, 2024.  

The Top Court further stayed the operation of the bail conditions of the High Court in its Order of July 25, 2023. The matter will now be heard after 4 weeks. 

Case Details: Sharwan Kumar Yadav @Sharwan Yadav v. State of Bihar SPECIAL LEAVE PETITION (CRIMINAL) Diary No.27349/2024  

Citation : 2024 LiveLaw (SC) 435

Click here to read the order