When sufficient remedies are available to state to protect interest of revenue, onerous conditions of bail cannot be imposed

Last updated: 25 September 2020

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The Punjab & Haryana High Court has ruled that imposing excessively burdensome financial conditions for bail is improper, especially when alternative measures can safeguard the state's revenue interests. The court found that directing a petitioner to deposit a substantial outstanding tax liability as a condition for bail was akin to prejudging guilt and effectively denied liberty. The judgement emphasised that bail conditions should not serve as a means of recovery, referencing Supreme Court precedents that set aside similar onerous requirements.

Court :
Punjab & Haryana High Court

Brief :
It is settled principle that bail is the rule and jail is the exception and mere seriousness of the charge is not a factor to be taken into account while denying the valuable right of liberty. The office committed by the petitioner was bailable under Section 69(3) and Section 132(4) but inspite of that the onerous conditions had led the petitioner to continue be in incarceration. The High Court held that the said condition thus suffers from the vice of unreasonability and cannot stand the test of judicial scrutiny.

Citation :
CRM-M-14856-2020

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