SC disapproves condition to deposit money for bail

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Synopsis

In an attempt to murder case, the high court had allowed the bail application of the accused, however, with a condition to deposit Rs one lakh with the trial court as compensation to the victim

The Supreme Court has recently allowed a plea by a man against the Bombay High Court's order directing him to deposit Rs one lakh as compensation to the victim in an attempt to murder case,  expressing its strong disapproval of such conditional bail.

"This Court, time and again, deprecated the practice of putting such conditions while granting bail," a bench of Justices C T Ravikumar and Sudhanshu Dhulia said.

The court made absolute its previous order passed on July 21, 2023, when it had stayed the condition of the bail directing the appellant Gopinath to deposit Rs one lakh with the trial court.

The criminal appeal filed by Gopinath challenged the validity of the Bombay High Court's Aurangabad bench order of June 26.

He was arrested on March 27, 2023, in connection with an FIR registered with Karjat Police Station, District Ahmednagar,
Maharashtra for the offences punishable under Sections 307, 326, 324, 323, 341, 143, 147, 148, 149, 506, 109, 114, 329 of the Indian Penal Code, 1860. 

The high court by its order allowed the bail application of the appellant, however, with a condition to deposit Rs one lakh with the trial court as compensation to the victim. 

The apex court allowed the appeal against the high court's order, and dispensed with the condition for the deposit of money as compensation.

In July, the Supreme Court had disapproved a "disquieting trend" wherein the courts asked the accused in cheating cases to deposit money as a condition of pre-arrest bail.

Case Title: GOPINATH V. THE STATE OF MAHARASHTRA