In an appeal against the order of the Gujarat High Court, Hon’ble bench comprising Justice Sanjay Kishan Kaul and Justice Hemant Gupta held that “the order of Gujarat high court in directing the appellants herein to deposit the compensation of Rs/- 2 lakh for the legal heirs of the deceased is not sustainable and hence be logically set aside”
In the instant case, two persons succumbed to injuries in a free fight, an FIR is registered based on a complaint by the complainant against 13 persons by Amreli Police Station under various sections of Indian Penal Code, 1860 (hereinafter referred to as “IPC, 1860”) along with a provision of Gujarat Police Act, 1951. Needful to mention here that appellants herein are also among those said 13 accused.
Pertinent to add here that a counter FIR was also filed against the complainant and other witnesses under various sections of IPC, 1860 along with a provision of the Gujarat Police Act, 1951.
The appeal herein is by accused no. 12 and 13 being aggrieved by the order of High Court where it imposed a condition that Rs/- 2 lakhs be deposited for the victims as a condition for grant of bail.
Arguments of Learned counsel for the appellants are as follows:
Firstly, It is referred to section 357 of Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr. P.C, 1973”) and submitted that under Section 357 of Cr. P.C, 1973 question of imposing compensation can only arise after the conclusion of the trial.
Moreover, referring to section 235 Cr. P.C, 1973 it is submitted that a Judge has to hear an accused on the question of sentence, which would also support the plea as per the scheme of the Act, and the question of grant compensation will arise after the sentence is prescribed.
Based on the arguments of both parties the Hon’ble bench held that “the direction contained in the impugned order of the high court for deposit of compensation of Rs/- 2 lakh for the legal heirs of the deceased naturally cannot be sustained and has to be logically set aside.”
It is further held by the Hon’ble court that “it is not we are saying no monetary condition can be imposed for grant of bail. it is just that compensation should not be deposited and disbursed as a precondition for grant of bail.”