Supreme Court Deems Bail Condition Requiring Victim as Surety 'Absurd and Impossible'
In the case of Sharwan Kumar Yadav v. State of Bihar, the Supreme Court criticized the Patna High Court for imposing a bail condition that required the victim to stand as surety for the accused. This condition led to the petitioner remaining in jail for a year despite being granted bail.
The bench of Justices JB Pardiwala and Ujjal Bhuyan expressed disappointment, noting that such an absurd condition has caused undue suffering to the petitioner, who was initially granted bail in July 2023.
Key Points from the Judgment:
1. Absurd Bail Condition:
o The Supreme Court called the High Court's condition "absurd" and "impossible."
o The petitioner was unable to meet this condition, resulting in prolonged imprisonment.
2. Case Background:
o The petitioner faced charges under Sections 366A and 34 of the IPC for procuration of a minor girl with common intention.
o The Patna High Court granted bail on July 25, 2023, but with the condition that the victim should stand as surety.
o The petitioner sought modification of this condition, which was rejected by the High Court on January 12, 2024.
3. Supreme Court's Intervention:
o The Supreme Court stayed the High Court's bail conditions and expressed regret over the petitioner's extended imprisonment.
o The Court issued a notice and scheduled further hearings for four weeks later.
The Supreme Court's ruling highlights the need for reasonable and practical bail conditions to prevent undue hardship to the accused.