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The Kerala High Court quashed the bail condition imposed by a Sessions court in the state which required the accused to deposit Rs. 25,000 in the PM CARES fund. The accused had appealed against this bail condition by relying on the precedent set by Kerala high Court which held that while granting bail, the court shall not direct the accused to make any cash deposit. This decision of the high court is in turn based on a Supreme Court judgement Moti Ram v. State of Madhya Pradesh (AIR 1978 SC 1594) in which the apex court had held that imposition of cash security or deposit of any amount for grant of bail is unjust, irregular and improper.
Considering this, the single judge bench of Justice C.S. Dias, held that, “It is trite law that the grant of bail is a rule and that jail is only an exception. Undisputedly, the petitioner had applied and was granted bail under Sec.167(2) of the Code of Criminal Procedure, which is his indefeasible right.”
The judge further ordered, “In view of the above categoric declaration of law, I find that Condition No.2 imposed by the learned Sessions Judge, that the petitioner should deposit an amount of Rs 25,000/- towards the Corona Relief Fund is improper and unjust. Hence, I quash the said condition”.
Notably, recently, the Jharkhand High Court, granted bail on two conditions, that they should make donations to the PM CARES fund and that they should download the “Aarogya Setu” app.
Evidently, both high courts have taken contrasting view in this matter and it will be interesting to see which of the two orders will prevail, if either went in appeal to the Supreme Court.
The complete order may be read here.
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