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Showing contexts for: Excessive bail in Sagayam @ Devasagayam vs State on 24 April, 2017Matching Fragments
32 Section 440 Cr.P.C. deals with amount of bail bond. Section 440 of Cr.P.C. runs as under:
''Amount of bond and reduction thereof-- (1) The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive.
(2) The High Court or Court of Session may direct that the bail required by a police officer or Magistrate be reduced.'' [Emphasis supplied by me]
33 While fixing the bail amount the Court must take into account the circumstances of the case. But in any case, it should not be excessive. This provision has been judicially interpreted by the Courts in various cases. The bail bond amount should 'not be onerous'. Bail condition should not be a 'harsh condition'.
17. While granting bail, the Court can direct the accused to execute bail bond. As per Section 440 Cr.P.C., the bond amount should not be excessive. When a person so directed to execute the bond either with surety or without surety is not able to furnish the sureties, then under Section 445 Cr.P.C., he has the option to offer cash security. But even then, it must be a reasonable amount. It should not be an arbitrary, excessive amount. It should not be in the nature of deprivation of grant of bail by fixing an heavy amount as surety amount. If heavy amount is directed to be deposited as cash security, the bailee/accused will not be in a position to comply it. If heavy amount is demanded from the surety, then the bailor will not be forthcoming. And 'haves' will go out, while 'have nots' will remain in jail.
(ii) The word 'blood surety' shall be deleted.
(iii) Within 15 days from the date of receipt of a copy of this order, the petitioner shall execute the bail bond as per the terms and conditions of this Court order in Crl.O.P.No.2891 of 2017, dated 21.2.2017 and as per the directions of this order.
(iv) The amount of bail bond, surety bond shall not be excessive and it should be reasonable.
(v) It is made clear that production of property documents or V.A.O. Certificate, Tahsildar Certificate, Solvency Certificate, R.C.book shall not be insisted upon from the accused or from the sureties.