Harsh and excessive conditions cannot be imposed while granting bail |जमानत देते समय कठोर और अत्यधिक शर्तें नहीं लगाई जा सकतीं

the Supreme Court held that harsh and excessive conditions cannot be imposed while granting bail in a domestic violence case.

The court stated that while exercising discretion to release an accused under Section 438 of the Code, neither the High Court nor the Sessions Court should impose freakish conditions.

The court can impose necessary, just, and efficacious conditions while enlarging an accused on bail under Section 438 of the Code, but the accused cannot be subjected to any irrelevant condition at all.

The conditions imposed under Section 438 of the Code cannot be harsh, onerous, or excessive so as to frustrate the very object of grant of anticipatory bail under Section 438 of the Code.

सुप्रीम कोर्ट ने कहा कि घरेलू हिंसा के मामले में जमानत देते समय कठोर और अत्यधिक शर्तें नहीं लगाई जा सकतीं। अदालत ने कहा कि संहिता की धारा 438 के तहत किसी अभियुक्त को रिहा करने के विवेक का प्रयोग करते हुए, न तो उच्च न्यायालय और न ही सत्र न्यायालय को अजीबोगरीब शर्तें लगानी चाहिए। न्यायालय किसी अभियुक्त को संहिता की धारा 438 के अधीन जमानत पर रिहा करते समय आवश्यक, न्यायसंगत और प्रभावोत्पादक शर्तें लगा सकता है, लेकिन अभियुक्त को किसी भी अप्रासंगिक शर्त के अधीन नहीं किया जा सकता है। संहिता की धारा 438 के तहत लगाई गई शर्तें कठोर, कठिन, या अत्यधिक नहीं हो सकती हैं, ताकि संहिता की धारा 438 के तहत अग्रिम जमानत देने के उद्देश्य को विफल किया जा सके।

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