Supreme Court Ruling on Bail Conditions

Context

Recently, The Supreme Court ruled that imposing a bail conditions that prevents a person from participating in political activities violates their fundamental rights under the Constitution.

• Siba Shankar Das @ Pintu vs. State of Odisha: The Supreme Court recently ruled that requiring a politician to abstain from engaging in political activities as a condition for granting bail would violate fundamental rights.

What is Bail?

• It refers to the temporary prison release of a person awaiting trial or an appeal.
• It is secured by depositing security before a legal authority to guarantee his eventual presence in court.

Conditions for Grant of Bail in Bailable/Non-Bailable Offences

• Conditions for bail in bailable offence are –

  • There are sufficient reasons to believe that the accused has not committed the offence.
  • There is sufficient reason to conduct further enquiry into the matter.
  • The person is not accused of any offence punishable with death, life imprisonment or imprisonment up to 10 years.

• Conditions for granting bail in non-bailable offences:

• • If the accused is a woman or a kid, bail may be granted in a non-bailable offence.
  • If there is insufficient proof, bail in non-bailable offences may be granted.
  • If the complainant delays filing a FIR, bail may be granted.
  • If the accused is seriously ill.

How Bail and Bail Conditions Work

• Khilari vs. State of UP’ (2009): The Supreme Court observed that while exercising its discretion to release a person on bail, the court must ensure it acts “judiciously”. It also ruled that the appellate court must record its reasons while granting bail.
• Section 439 of the CrPC: It states that a high court or court of session can direct any accused person in custody to be released on bail.
  • It also allows them to impose any condition that they consider necessary for the purposes of Section 437(3), which lists conditions that can be imposed in cases of offences punishable with seven years or more in prison. 

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