Case Note & Summary
The Supreme Court addressed a criminal appeal arising from a Special Leave Petition concerning bail conditions imposed by the High Court. The appellants were accused in an FIR registered after an incident on 10.11.2019 involving a free fight between two groups, resulting in two deaths. They were arrayed as Accused Nos. 12 and 13 and were arrested on 11.11.2019. The High Court granted them bail but imposed a condition requiring them to deposit Rs.2 lakh each as compensation to the victims within three months. The appellants challenged this condition, arguing that the Code of Criminal Procedure, 1908 (CrPC) does not provide for imposing compensation as a condition for bail. The core legal issue was whether such a condition could be validly imposed under the CrPC. The appellants contended that compensation under Section 357 CrPC can only be ordered after conviction and sentence, as it requires imposition of fine or sentence and hearing on the question of sentence under Section 235(2). They also referenced Section 250(1) for compensation in cases of acquittal and Section 372 for appealability, emphasizing that compensation determinations are post-trial. The State counsel did not effectively counter these arguments. The Court analyzed the provisions, noting that Section 357 allows compensation only after judgment and sentence, with factors like nature of crime and capacity to pay considered post-conviction. It held that while monetary conditions for bail can be imposed in cases involving property offences, they cannot be in the nature of compensation to be deposited and disbursed as a bail condition. The Court concluded that the direction for deposit of compensation was unsustainable and set it aside. Additionally, considering the appellants' lesser role compared to other accused who were granted bail without such condition, the Court imposed the same terms and conditions as those accused, including an embargo from entering Amreli for six months and regular police station marking, thereby granting bail with modified conditions.
Headnote
A) Criminal Procedure - Bail Conditions - Compensation Deposit - Code of Criminal Procedure, 1908, Sections 357, 235(2), 250(1), 372 - High Court imposed condition requiring appellants to deposit Rs.2 lakh each as compensation to victims for bail - Supreme Court held that compensation under Section 357 CrPC can only be ordered after conviction and sentence, not at bail stage, as it requires hearing on sentence and consideration of factors like nature of crime and capacity to pay - Condition set aside as unsustainable (Paras 3-18). B) Criminal Procedure - Bail Grant - Parity and Conditions - Code of Criminal Procedure, 1908 - Appellants sought bail on parity with other accused who were granted bail without compensation condition - Court considered appellants' lesser role and imposed same conditions as other accused, including embargo from entering Amreli and regular police station marking - Bail granted with modified conditions (Paras 19-22).
Issue of Consideration
Whether the High Court could impose a condition for deposit of compensation to victims as a condition for grant of bail under the Code of Criminal Procedure, 1908
Final Decision
Supreme Court set aside condition (f) of the bail order requiring deposit of Rs.2 lakh each as compensation and substituted it with conditions including embargo from entering Amreli for six months and regular police station marking, granting bail on parity with other accused
Law Points
- Compensation under Section 357 CrPC can only be ordered after conviction and sentence
- not as a condition for bail
- Bail conditions must be within statutory framework
- Monetary conditions for bail cannot be in the nature of compensation to victims
