Excessive Bail Conditions Violate Principle of Justice:Supreme Court

GG News Bureau
New Delhi, 23rd August. Granting bail but imposing excessive conditions is akin to taking away with one hand what was given by the other, the Supreme Court observed on Thursday, emphasizing that “excessive bail is no bail.” The remark was made by a bench comprising Justices B R Gavai and K V Viswanathan while hearing a petition filed by an individual facing 13 cases for various offences, including cheating.

The petitioner argued that although bail was granted in all 13 cases, he could only fulfil the bail conditions for two of them, as he was unable to provide separate sureties for the remaining cases. “The situation today is that despite obtaining bail in 13 cases, the petitioner has not been able to furnish sureties. From time immemorial, the principle has been that excessive bail is no bail. To grant bail and then impose excessive and onerous conditions is to take away with the left hand what is given with the right,” the bench stated.

The court also acknowledged the “genuine difficulty” faced by the petitioner in securing multiple sureties. It noted that sureties are often relatives or friends, but in criminal proceedings, individuals may hesitate to disclose such matters to their close circles due to concerns about reputation.

“These are hard realities of life in our country, and as a court of law, we cannot shut our eyes to them. A solution, however, must be found strictly within the framework of the law,” the bench observed. The court highlighted the need to balance the requirement of furnishing sureties with the petitioner’s fundamental rights under Article 21 of the Constitution.

In its order, the Supreme Court allowed the petitioner to furnish a personal bond of ₹50,000 and two sureties of ₹30,000 each for all cases pending in Uttar Pradesh, Rajasthan, Punjab, and Uttarakhand. The same set of sureties will be permitted to stand as surety in all these states, the court added.