"Imposition Of Onerous Conditions For Grant Of Bail Tantamount To Denial Of Bail": Supreme Court

The Supreme Court of India has recently observed that imposition of onerous conditions for grant of bail is tantamount to denial of bail.

"We are of the considered view that imposition of onerous conditions for grant of bail tantamount to denial of bail", the Court said.

A Bench comprising Justice Nageswara Rao and Justice BR Gavai made the observation while setting aside Orissa High Court's order directing petitioner to deposit cash of Rs.20 lakhs and providing security of immovable property to the tune of Rs.20 lakhs for grant of bail.

The present petitioner is an accused in a criminal case for committing offence under Sections 467, 468, 471, 420 and 120B of the Indian Penal Code and Sections 4, 5 and 6 of the Prize Chits and Money Circulation Scheme (Banning) Act.

He was granted bail by the Orissa High Court on 25th March 2021, subject to him depositing cash of Rs.20 lakhs and providing security of immovable property to the tune of Rs.20 lakhs.

While directing to release the Petitioner on bail the High Court had imposed the following further conditions:

• He will furnish cash security of Rs.20,00,000/- and furnish property security worth twenty lakhs free from all encumbrances.
• He shall not leave the State of West Bengal
• He shall not dissuade any witness directly or indirectly by way of inducement, threat, or promise acquainted with the facts of the case from disclosing such facts before the court or tamper the evidence.
• He shall report before the Investigating Officer of the case every fifteen days till the conclusion of the trial.

Case Title: Mithun Chatterjee v. State of Odisha

Citation : LL 2021 SC 652

Click Here To Read/Download The Order