Case Law Details
Bhagwat Joshi @ Shankar Lal Joshi Vs State of Chhattisgarh (Chhattisgarh High Court)
Condition for grant of bail should not be stringent, as it would violate accused right of personal liberty under Article 21 of the Constitution of India.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
“The delicate light of the law favours release countered by the negative criteria necessitating that course. The corrective instinct of the law plays upon release orders by strapping on to them protective and curative conditions. Heavy bail from poor men is obviously wrong. Poverty is society’s malady and sympathy, not sternness, is the judicial response.”
1. The abovestated statement of law rendered by V.R. Krishna Iyer, J. speaking for the Supreme Court in the matter of Babu Singh & others v. The State of U.P.1 (Para23) aptly applies to the facts of the present case as the trial Magistrate while admitting the accused to be privilege of bail imposed a stringent condition of furnishing bank guarantee of 2 lakhs, which is subjectmatter of this petition.
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