The Supreme Court emphasized the importance of fair bail conditions, asserting that imposing excessively high surety amounts violates fundamental rights under Article 21 of the Constitution.
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NEW DELHI: Last week(on 15th March,2024), The Supreme Court of India has emphasized the importance of fair bail conditions, emphasizing that imposing unreasonably high surety amounts violates the fundamental rights enshrined in Article 21 of the Constitution. The case, presided over by Chief Justice of India DY Chandrachud alongside Justice JB Pardiwala and Manoj Misra, addressed the issue of exorbitant surety demands while granting bail to accused individuals.
“The requirement for an accused released on bail to provide surety is intended to ensure their presence for subsequent proceedings, including trial. Setting the surety amount excessively high undermines the purpose of bail and violates the accused’s right to life and personal liberty protected under Article 21 of the Constitution.”
-the Court emphasized.
Mr. Ashok Sandeep Singh, the accused, faced charges under Sections 409 (criminal breach of trust), 419 (impersonation), 420 (dishonest delivery of property), 467 (forgery), 468 (forgery for cheating), 471 (fraud by electronic documents), and 120B (criminal conspiracy) of the Indian Penal Code (IPC). Despite being granted bail by the High Court, Singh’s freedom was constrained by the condition to provide a prohibitively high surety amount of Rs 10 lakhs, which was well beyond his financial capacity. This condition effectively kept him confined, leading to discussions about the fairness and accessibility of bail.
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Despite the High Court’s previous ruling, Singh, a retired judicial clerk, remained behind bars due to his inability to meet the exorbitant surety demand. Recognizing the urgency and significance of the matter, the Supreme Court speedy intervened to rectify the situation.
The apex court reduced the surety amount from Rs.10 lakh to a more reasonable Rs.25,000. Additionally, the personal bond requirement was also set at Rs.25,000, providing relief to Singh.
“The court orders that the surety amount, originally set at Rs.10 lakh by the trial Judge, be reduced significantly to Rs.25,000. Similarly, the petitioner’s personal bond is also set at Rs.25,000,”
-Stated the Court.
