Bail conditions

ess (Querist) 31 December 2011 This query is : Resolved
Can the court impose a condition for payment of certain sum of money to the victim by the accoused while granting bail ?

Shall be grateful if case laws on this are cited.

Thanks.

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adv. rajeev ( rajoo ) (Expert) 31 December 2011
No. Such conditions wont be put while granting a bail.

Advocate. Arunagiri (Expert) 31 December 2011
No such conditions can be imposed.

N.K.Assumi (Expert) 31 December 2011
Never heard about such conditions.

Sanjeev (Expert) 31 December 2011
Yes the courts do impose such conditions manytimes and that amount needs to be paid

Devajyoti Barman (Expert) 31 December 2011
Yes as far as the Calcutta High Court is concerned, it does give such order quite often in the case of anticipatory bail.
But the court gives it in a round about way as it makes the petitioner to present the offer so it can pass such order of maintenance.
On the face of order it appears that the petitioner/husband makes such offer who in the context of rejection of bail does not gave any alternative.

N.K.Assumi (Expert) 31 December 2011
Are we dealing with interim maintenance in family matters or Bail conditions in general?

Deepak Nair (Expert) 31 December 2011
Definiitely a new informatin for me.

Devajyoti Barman (Expert) 31 December 2011
There is no ambiguity as the author himself mentioned the such circumstance in bail matters.

N.K.Assumi (Expert) 31 December 2011
If payment of certain sum is for maintenance yes,but in general bail matters I must admit as NO.

Shonee Kapoor (Expert) 31 December 2011
Such conditions are illegal and SC had come down heavily on few HC w.r.t. the same in 498-a/ 406 cases.

However Delhi HC adopted a new mechanism, it started writing the accused agrees to pay a sum of xx thereby making it a consent order.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 01 January 2012
agree with expert Shonee Kapoor

Prasan (Expert) 02 January 2012
If such order is passed by Court, its clearly a wrong decision. No such condition can be imposed. Awarding Some money to the victim from accused means the Court came to the conclusion that the accused is guilty!

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