Onerous conditions tantamount to denial of bail: SC

Supreme Court

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New Delhi: The Supreme Court has set aside a bail order of the Orissa High Court wherein the latter had asked the appellant to deposit `20 lakh in cash and security of immovable property to the tune of `20 lakh as conditions for bail.

A two-judge bench of the apex court comprising Justices L Nageswara Rao and BR Gavai observed that imposition of onerous conditions for bail is tantamount to denial of bail. The bench quashed the HC order in this regard.

“We set aside the order of the High Court directing the petitioner to provide cash security of `20 lakh and to furnish security of immovable property for `20 lakh for bail,” the bench ordered.

Significantly, petitioner Mithun Chatterjee was arrested for committing crime under Sections  467, 468, 471, 420 and 120B of the Indian Penal Code and  Sections 4, 5 and 6 of the Prize Chits and Money Circulation Scheme (Banning) Act.

He had filed a bail application in the High Court which allowed the bail application subject to the petitioner depositing `20 lakh in cash and providing security of immovable property to the tune of `20 lakh.

Aggrieved by the conditions imposed by the HC, the petitioner filed a special leave petition in the SC.

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