Imposition of onerous conditions for grant of bail tantamount to denial of bail: SC

mposition of ''onerous conditions'' for grant of bail tantamount to denial of bail, the Supreme Court has said.

The apex court made the observation while setting aside the Orissa High Court order which had imposed a condition on an accused to furnish cash security of Rs 20 lakhs and security of the immovable property of Rs 20 lakhs while allowing his application seeking bail in a cheating case.

''We are of the considered view that imposition of onerous conditions for grant of bail tantamount to denial of bail,'' a bench of Justices L Nageswara Rao and B R Gavai said in its November 12 order.

The top court passed the order while hearing a plea filed by the accused who had challenged the condition imposed by the high court while allowing his bail application.

''Therefore, we set aside the order of the high court relating to the condition imposed by the high court directing the petitioner to provide cash security of Rs 20 lakhs and to furnish security of immovable property for Rs 20 lakhs,'' the top court said while disposing of the plea.

The bench noted that the petitioner is an accused in a case for alleged offences punishable under various sections of the Indian Penal Code (IPC), including 420 (cheating), and under the provisions of the Prize Chits and Money Circulation Scheme (Banning) Act. The petitioner told the apex court that an application filed by him for bail was allowed by the high court in March, subject to furnishing cash of Rs 20 lakhs and providing security of the immovable property of the same amount.

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