Summary
The High Court granted bail to two accused in a fatal group fight but required each to deposit Rs.2 lakh as compensation to the victims. The Supreme Court held that compensation of this kind could not be determined and disbursed as a condition of release on bail. It removed the deposit and disbursement directions, preserved bail, and substituted a six-month restriction on entering Amreli, with exceptions for police reporting and court attendance. It expressly distinguished permissible monetary bail conditions from premature victim-compensation awards.
Issues
- Whether payment of victim compensation could be imposed as a condition of bail before trial.
- What replacement bail condition was appropriate in light of similarly placed co-accused.
Provisions considered
- Section 357, Code of Criminal Procedure, 1973Compensation linked to sentence and judgment could not be awarded at the bail stage as if guilt and compensation entitlement had already been determined. (¶¶ 5, 6, 8, 9, 16, 17, 18)
- Section 235(2), Code of Criminal Procedure, 1973The requirement to hear a convicted accused on sentence reinforced the distinction between sentencing compensation and the preliminary decision to release on bail. (¶¶ 10, 11, 12, 16)
Held
- Victim compensation for bodily offences cannot ordinarily be determined at the bail stage. The ruling did not prohibit every monetary bail condition, including conditions in property-related cases; it prohibited the premature compensation deposit and disbursement imposed here. (¶¶ 12, 16, 17, 18)
- The appellants' alleged role concerned assaulting the complainant and witnesses, and several co-accused had obtained bail without compensation deposits. In those circumstances the compensation condition and consequential disbursement orders were set aside. (¶¶ 20, 21, 22)
- The substituted condition barred entry into Amreli's geographical limits for six months except to report to the concerned police station or attend court proceedings. (¶ 22)
Result
Appeal allowed; compensation deposit and disbursement conditions removed and the stated geographical restriction substituted. Parties to bear their own costs.