Bail Condition To Compensate Victims Cannot Be Imposed : Supreme Court

The Supreme Court observed that a condition for payment of compensation to victims cannot be imposed at the stage of bail.

"We may hasten to add that we are not saying that no monetary condition can be imposed for grant of bail. We say so as there are cases of offences against property or otherwise but that cannot be a compensation to be deposited and disbursed as if that grant has to take place as a condition of the person being enlarged on bail.", the bench of Justices Sanjay Kishan Kaul and Hemant Gupta clarified.

In this case, the accused were granted bail by the High Court with a condition requiring them to deposit Rs.2.00 lakh each as compensation to the victims. 

Before the Apex Court, the accused contended that, under Section 357 CrPC, compensation can only arise after the conclusion of trial and without a full-fledged trial there cannot be a sentence and, thus, there cannot be any such compensation. Approving this, the bench observed thus: 

"16. In our view the objective is clear that in cases of offences against body, compensation to the victim should be a methodology for redemption. Similarly, to prevent unnecessary harassment, compensation has been provided where meaningless criminal proceedings had been started. Such a compensation can hardly be determined at the stage of grant of bail...

17. We may hasten to add that we are not saying that no monetary condition can be imposed for grant of bail. We say so as there are cases of offences against property or otherwise but that cannot be a compensation to be deposited and disbursed as if that grant has to take place as a condition of the person being enlarged on bail."

Having held thus, the bench set aside the condition to deposit Rs.2.00 lakh each as compensation to the victims.

"In view of the aforesaid, we consider it appropriate to impose the same terms and conditions for grant of bail upon the appellants and set aside condition (f) of the bail requiring the appellants to deposit Rs.2.00 lakh each towards compensation to the victims before the trial court and the consequential orders for disbursement. This condition is instead to be substituted with the condition that the appellants will not enter the geographical limits of Amreli for a period of six (6) months except for [9] marking presence before the concerned police station and to attend the court proceedings.", the bench said while partly allowing the appeal

Case: Dharmesh @ Dharmendra @ Dhamo Jagdishbhai @ Jagabhai Bhagubhai Ratadia vs. State Of Gujarat [CrA 432 OF 2021]

Coram: Justices Sanjay Kishan Kaul and Hemant Gupta

Citation: LL 2021 SC 292

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