Important Judgment of Reported Today on Bail (11th June, 2019)

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Title of the Case – Bail Cannot Be Made Conditional Upon Heavy Deposits Beyond The Financial Capacity Of An Applicant

Name of the caseM.D. Dhanapal vs. State Rep. by the Inspector of Police., @SLP (Crl.) No. 5195-5196/2019

Date of Judgment 11th June, 2019

Judges: Justice Indira Banerjee and Justice Ajay Rastogi (Vacation Bench)

Subject and sections involved Application for modification of amount imposed for granting bail

Issue:

  1. Whether condition imposed for granting bail is maintainable?

 

Fact of the Case:

  • The applicant was one M D Dhanapal, who was the Chief Priest of a temple in Thiruchirappalli district in Tamil Nadu, where seven pilgrims had died on April 20 in a stampede.
  • He was arrested by police pursuant to an FIR registered for the mishap.
  • When he applied for release on bail, the Madras High Court imposed a condition that he should pay ten lakh rupees each to the families of the deceased persons. That meant that he had to pay a hefty sum of rupees seventy lakhs to the heirs of the dead pilgrims.
     

Ratio of the case -

The division bench of Supreme Court while considering the bail application noted that bail cannot be made conditional upon heavy deposits beyond the financial capacity of an applicant, and thus, the bench waived the condition of payment to the family members/legal heirs of the deceased victims for the purpose of grant of bail.