HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody, is set aside by Supreme Court

Case Title: VIKASH KUMAR GUPTA VERSUS THE STATE OF BIHAR, Special Leave to Appeal (Crl.) No(s).11952/2024

The Supreme Court yesterday set aside a bail condition imposed by the Patna High Court to the effect that the bail bonds be furnished by the accused after completion of 6 months in custody from the date of the order,  Stating that  pre-trial process itself shall not become punishment condition the said condition in effect put on hold the implementation of the bail order for six months.

Bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan. Said that 

“We see no valid reason for the High Court to impose such condition as contained in paragraph 7 of the impugned order whereby the bail bonds will have to be furnished by the petitioner after completion of six months in custody from the date of the High Court order”, 

Notably, during the hearing, Justice Bhuyan orally remarked that “the process itself should not become punishment”.

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