Condition for bail should not be strict but reasonable – Chhattisgarh High Court

In the present petition, the petitioner is an accused u/s 420/34 of IPC. The petitioner has made the application for the bail which was granted by the learned magistrate on the condition that the petitioner needs to furnish ₹2,00,000 bank guarantee or cash.To which the court observed that, The conditions while granting the bail to the accused should not be strict and should be reasonable, or else it will lead to denial of the bail of the accused person, says the Chattisgarh High Court.

This will therefore lead to deprivation of person’s right of personal Liberty under article 21 of the Constitution of India.In addition to this, Justice Sanjay K Agarwal took the reference of the judgment passed by Supreme Court and stated that, “The delicate light of the law favours release unless countered by the negative criteria necessitating that course. The corrective instinct of the law plays upon release orders by strapping on to them protective and curative conditions. Heavy bail from poor men is obviously wrong. Poverty is society’s malady and sympathy, not sternness, is the judicial response”.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s