Courts cannot ask to pay bond after six months of bail order, said Supreme Court

The Supreme Court on Wednesday (October 30, 2024) said that courts cannot impose a condition on the accused to submit a bail bond six months after the bail order is passed.

The bench of Justice Bela M. Trivedi and Justice Satish Chandra Sharma said that if the court is satisfied with the merits of the case, then it should either grant bail or dismiss the petition.

On October 24, the Supreme Court had considered a petition filed by a person who challenged the order of the Patna High Court. In this order, he was directed to submit the bail bond after six months in the case registered against him under the Bihar Prohibition and Excise Amendment Act.

The trial court directed the man to be released on furnishing a bond of Rs 10,000 and two sureties of the like amount.

Considering the petition, the Supreme Court said, ‘This is one of the few orders passed by the High Court in the last few days, in which, without deciding the case on the merits, the High Court has granted bail to the present petitioner on the condition that Provided that the petitioner-accused will submit the bail bond six months after the passing of the order.

It said that no reason was given as to why the implementation of the order granting bail was postponed for six months.

The bench said, ‘In our opinion, no such condition can be imposed for granting bail to any person/accused’. The Supreme Court quashed the order of the High Court and asked for a fresh decision on merits. It was listed before the concerned court on 11 November. The case pertains to the alleged recovery of 40 liters of country liquor from the petitioner’s vehicle.

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