In a recent judgment, the Supreme Court struck down bail conditions set by the Patna High Court that delayed the submission of bail bonds by five to six months, calling such delays legally baseless. These conditions, applied in two separate cases, prompted the Supreme Court to remand the cases to the High Court for reevaluation based on their merits.
The Patna High Court had issued two bail orders, one on September 11 and the other on September 19, imposing unusual delays in the fulfillment of bail conditions. In both instances, the accused were permitted to be released, yet required to furnish their bail bonds only after several months. According to the Supreme Court, such conditions contradict the principle of immediate relief intended in bail grants.
Justice Bela M. Trivedi and Justice Satish Chandra Sharma, upon review, expressed concern over these unexplained delays, with Justice Sharma noting, “For six months, the accused remains in jail despite bail entitlement.” Justice Trivedi added that the imposition of such conditions without a thorough explanation lacks legal justification, asserting that bail should be either granted or denied outright.
Advocates for the petitioners argued that these conditions unfairly prolonged their clients’ confinement. The Supreme Court’s firm stance clarifies that if a court determines an accused individual deserves bail, imposing a delayed release condition undermines the purpose of bail.
The cases will now return to the High Court for a new hearing on November 11, where the bail conditions will be reconsidered without the controversial time restrictions previously imposed.
