Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bail: Imposition of condition for bail |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Gujarat Police Act, 1951 (22 of 1951) Fatal Accidents Act, 1855 (13 of 1855) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bail: Imposition of condition for bail – Free fight between two groups in Amreli resulting in death of two persons – Case against 13 persons – Appellants, arrayed as accused no.12 and 13, were arrested – By impugned order, they were granted bail – However, they were aggrieved by the condition imposed on them for bail requiring them to deposit Rs.2 lakhs before the trial court as compensation to victims – Held: 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 – The direction contained in impugned order for deposit of compensation of Rs.2 lakhs for the legal heirs of the deceased is set aside – Specific allegation against the appellants was that they had beaten the complainant and the witnesses and not any of the deceased – Apart from the appellants, out of total 13 arrayed accused, 11 were released on bail by the High Court and/ or Sessions Court – High Court in their cases, had imposed stringent conditions including an embargo from entering the geographical limits of Amreli and regularly marking presence before the police station amongst other conditions – In view of that, same terms and conditions imposed for grant of bail to the appellants – The direction for deposit of compensation of Rs.2 lakhs is substituted with the condition that the appellants will not enter the geographical limits of Amreli for a period of six months except for marking presence before the concerned police station and to attend the court proceedings – Appeal allowed. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2021 INSC 323 |
Petitioner | Dharmesh @ Dharmendra @ Dhamo Jagdishbhai @ Jagabhai Bhagubhai Ratadia & Anr. |
Respondent | The State Of Gujarat |
SCR | [2021] 8 S.C.R. 1 |
Judgement Date | 2021-07-07 |
Case Number | 432 |
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