Queen Mary II. It is in this document that the
expression “excessive bail ought not to be required…” first appears in Chapter 2
Clause ... Eighth
Amendment to the Constitution which expressly states that, “excessive bail shall
not be required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted
condition for bail is not permissible and that the process of
Criminal Law particularly, in matters of grant of bail are not
akin to money ... observed as
under:-
"8. There cannot be any dispute that excessive bail is no
bail and onerous conditions ought not to be imposed while
surrender before the Trial Court and seek regular
bail.
45. The concept of bail, i.e. preserving the liberty of
citizen - even accused of committing ... English Bill of
Rights, 1689 which prescribed that "excessive bail
ought not to be required, nor excessive fines
imposed, nor cruel and unusual punishments
entitled
to bail upon expressing readiness and furnishing the requisite bail bonds as
directed by the Magistrate. Further, default bail is not only a statutory ... State of Rajasthan , 2023 SCC OnLine 1242, addressed the issue of excessive
bail conditions imposed by the High Court. In this case, the High Court
prayed to enable the applicant to avail the benefit of the bail order. Placing further reliance upon 1980 (1) SCC 81 ( Hussainara Khatoon & others ... 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
prayed to enable the applicant to avail the benefit of the bail order. Placing further reliance upon 1980 (1) SCC 81 ( Hussainara Khatoon & others ... 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
prayed to enable the applicant to avail the benefit of the bail order. Placing further reliance upon 1980 (1) SCC 81 ( Hussainara Khatoon & others ... 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
principle of bail
laid down by the Hon'ble Court time and again and
mechanically grants the bail against the material available
on record ... reproduced as under:
"8. There cannot be any dispute that excessive bail is no bail and
onerous conditions ought not to be imposed while
Special Court,
Kapurthala, whereby, the petitioner was granted regular bail and was ordered to
furnish bail bonds in the sum of Rs.50,000/- with ... Constitution of India and it is a trite
law that imposing excessive bail condition infringes the very right of life and
personal liberty
failure to arrange the sureties and execute bail bonds.
In most of the orders granting bail, this Court has permitted the same
sureties to stand ... Supreme Court reiterated that excessive bail
is no bail and imposing excessive and onerous conditions is to take away
with the left hand, what
