OnLine SC 2142 had the following to say on how excessive
bail conditions virtually defeats the bail:-
23. From time immemorial ... principle has been that the excessive
bail is no bail. To grant bail and thereafter to impose excessive and
onerous conditions, is to take away
State of Haryana is concerned, out of the two FIRs
where bail orders have been obtained, sureties have been furnished ... principle has been that the
excessive bail is no bail. To grant bail and thereafter to impose
excessive and onerous conditions, is to take away
time immemorial, the principle has been that
the excessive bail is no bail. To grant bail and thereafter
5 of 7
::: Downloaded ... impose excessive and onerous conditions, is to take
away with the left hand, what is given with the right. As to
what is excessive will
conditions of bail cannot be so onerous that their existence
itself tantamounts to refusal of bail. In the present case,
however, the excessive conditions herein ... bail order granted by the High Court. The Bail order is to
continue, however, the conditions set for the grant of Bail
stands waived
aside the condi-
tion laid while enlarging the petitioner therein on bail that he will arrange an
accommodation in Delhi and should reside in Delhi ... principle has been that
the excessive bail is no bail. To grant bail and thereafter
to impose excessive and onerous conditions, is to take
away
aside the condi-
tion laid while enlarging the petitioner therein on bail that he will arrange an
accommodation in Delhi and should reside in Delhi ... principle has been that
the excessive bail is no bail. To grant bail and thereafter
to impose excessive and onerous conditions, is to take
away
under:-
xxx xxx xxx
" Criminal Procedure Code , 1973, Section 439-Bail- Excessive
conditions ... bail imposed by the High Court- Bail granted but
in-fact, in practical manifestation, acted as a refusal to the
grant of bail- The fact
seen that after the bail order dated 15.02.2024 whereby, the
accused/petitioners were granted bail subject to furnishing a bail bonds ... petitioners that they could not
furnished the bail bonds due to excessive bail amount, but the same was rejected by
the learned Trial Court
relax the bail bond amount
by modification of the bail conditions through the Legal Aid Defence Counsel
(LADC). It appears that bail bond amounts have ... come out of Jail despite grant of bail due
to excessive bail conditions or failure to furnish sureties. Therefore, we deem it
proper to direct
same are extracted here below:
"15. While bail has been granted to the
Appellant, the excessive conditions imposed
have, in-fact, in practical manifestation ... conditions of bail cannot be so
onerous that their existence itself tantamounts
to refusal of bail. In the present case,
however, the excessive conditions herein
