Observing that imposition of onerous and stringent conditions amount to denial of bail, the Madras High Court has set aside an order of a lower court directing nine persons accused of dacoity to deposit Rs 25,000 each as cash security for availing bail. Allowing petitions by the nine accused, Justice P Devadass quashed the bail order of Tirupattur Assistant Sessions Judge holding that it was totally not in accordance with law.
He directed the petitioners, charged with offences of dacoity and causing death or grievous injuries, to furnish own bail bond for Rs.5,000 each to the satisfaction of the Superintendent of Central Prison at Vellore. ”Imposition of onerous and stringent conditions amount to denial of bail. Actually, our bail system is not mainly based on any cash system. If it is so, poor people have to spend rest of their life in jail itself. The object of bail is to enable the accused to go out of jail with an assurance to return to the Court to put up an effective defense.”
Further, the petitioners are poor and languishing in jail nearly for five years. Although bail was granted to them on August 21 last year, they could not yet come out of jail, indicating that the bail-condition imposed by the trial court was onerous, he held. Thus, directing poor men to deposit Rs.25,000 was against Article 21 of Constitution and also International Covenants which have been ratified by the country, he added.
The Judge also observed that when the accused are poor and unable to engage a counsel to file bail application it was the constitutional duty of the trial court in its capacity as the Chairman of the Legal Services Authority at the taluk level to nominate Legal Aid panel advocates to file bail pleas. He directed the Chairman/Sub-Judge,Taluk Legal Services Committee, Tirupattur, to engage Legal Aid Panel advocates to defend the petitioners if they have not engaged counsel. The trial court shall take all out efforts to dispose of the cases at an early date, he added.
Article referred: http://www.india.com/news/india/bail-conditions-should-not-be-onerous-madras-high-court-345301/
He directed the petitioners, charged with offences of dacoity and causing death or grievous injuries, to furnish own bail bond for Rs.5,000 each to the satisfaction of the Superintendent of Central Prison at Vellore. ”Imposition of onerous and stringent conditions amount to denial of bail. Actually, our bail system is not mainly based on any cash system. If it is so, poor people have to spend rest of their life in jail itself. The object of bail is to enable the accused to go out of jail with an assurance to return to the Court to put up an effective defense.”
Further, the petitioners are poor and languishing in jail nearly for five years. Although bail was granted to them on August 21 last year, they could not yet come out of jail, indicating that the bail-condition imposed by the trial court was onerous, he held. Thus, directing poor men to deposit Rs.25,000 was against Article 21 of Constitution and also International Covenants which have been ratified by the country, he added.
The Judge also observed that when the accused are poor and unable to engage a counsel to file bail application it was the constitutional duty of the trial court in its capacity as the Chairman of the Legal Services Authority at the taluk level to nominate Legal Aid panel advocates to file bail pleas. He directed the Chairman/Sub-Judge,Taluk Legal Services Committee, Tirupattur, to engage Legal Aid Panel advocates to defend the petitioners if they have not engaged counsel. The trial court shall take all out efforts to dispose of the cases at an early date, he added.
Article referred: http://www.india.com/news/india/bail-conditions-should-not-be-onerous-madras-high-court-345301/
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