Bail can’t be made Conditional upon deposits beyond Financial Capacity of applicant- Supreme Court

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June 12, 2019

Case name: M.D. Dhanapal v. State Rep. by the Inspector of Police

The petitions have been lodged against orders passed by the High Court of Madras. By the impugned order, the High Court granted bail to the petitioner who had been arrested and granted bail on the condition that he would pay Rs. 70,00,000/- (Rupees Seventy Lakhs only).

The Petitioner before the Apex Court has submitted that he was a priest in a relatively small Temple with little income and did not have the requisite funds to pay the bail amount.

The Two-Judge Bench of the Supreme Court while accepting the Petitioner’s plea and waiving the condition to pay bail amount held that If the petitioner lacks funds, undertaking ought not to have been given to the Court. Be that as it may, it is well settled that bail cannot be made conditional upon heavy deposits beyond the financial capacity of an applicant for bail.

The entire case can be accessed here.

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