Absurd, Impossible’: Supreme Court Criticizes HC’s Bail Condition Requiring Victim as Surety
The Supreme Court on Monday, July 1, expressed strong disapproval of an ‘absurd’ bail condition imposed by the Patna High Court, which required the victim to stand as surety for the accused. The Court highlighted the irrationality of this condition, noting that it led to the petitioner remaining in jail for a year despite being granted bail.
The vacation bench, comprising Justices JB Pardiwala and Ujjal Bhuyan, heard the case where the Patna High Court had granted bail on the unusual stipulation that the victim of the offence should act as the petitioner’s surety.
The Supreme Court observed, “It is very unfortunate to note that because of such absurd conditions imposed by the High Court, the petitioner, although ordered to be released on bail way back in July 2023, is still languishing in jail.”
The case revolves around an FIR dated January 26, 2023, registered against the petitioner for the offence of procuration of a minor girl with common intention (Section 366A read with Section 34 of the IPC). The Patna High Court’s bail order, dated July 25, 2023, included the controversial condition. The petitioner sought a modification of this condition, but the High Court rejected the application on January 12, 2024.
The Supreme Court has stayed the operation of the High Court’s bail condition in its order of July 25, 2023, and the matter will be heard again after four weeks.
Case Details: Sharwan Kumar Yadav @Sharwan Yadav v. State of Bihar, SPECIAL LEAVE PETITION (CRIMINAL) Diary No.27349/2024
