Criminal Procedure Code, 1973
Section 389—Conditions imposed on grant of suspension of sentence and release of appellant on bail—Waiver of—High Court, vide impugned order suspended the sentence of appellant, however imposed strict conditions of deposit of fine amount of Rs. 1,00,000 along with a surety of Rs. 1,00,000 and two bail bonds of Rs. 50,000 each—While bail has been granted to the appellant, the excessive conditions imposed have, in-fact, in practical manifestation, acted as a refusal to the grant of bail—Jail is the exception and grant of bail is the rule, and in such a scenario, the conditions imposed on bail must not be unreasonable—Excessive conditions have precisely become that, an antithesis to the grant of bail—To keep the appellant in jail, that too in a case where he normally would have been granted bail for the alleged offences, is not just a symptom of injustice, but injustice itself—Conditions of bail are excessive and the appellant is in no financial condition to satisfy the conditions—Conditions set for the grant of bail stands waived off—Appeal allowed.
[Paras 9, 13 to 18]