Can't impose compensation to victims as a bail condition: SC

New Delhi, July 12 The Supreme Court has observed a condition of payment of compensation to victims cannot be imposed at the stage of granting bail.

A bench comprising Justices Sanjay Kishan Kaul and Hemant Gupta said: "We may hasten to add that we are not saying that no monetary condition can be imposed for grant of bail. We say so as there are cases of offences against property or otherwise but that cannot be a compensation to be deposited and disbursed as if that grant has to take place as a condition of the person being enlarged on bail."

The bench noted that it is clear from a plain reading of Section 357 that such compensation can only arise after the conclusion of trial albeit, of course, the same being a matter of discretion. Thus, without a full-fledged trial, there cannot be a sentence and, thus, there cannot be any such compensation, the bench added.

The top court order came on the plea of two accused, who were granted bail by the high court with a condition requiring them to deposit Rs 2 lakh each as compensation to the victims. An FIR was registered at Amreli police station in November 2019, regarding a fight between the complainant and certain members of his caste. Two persons succumbed to their injuries and an FIR was registered against 13 persons under various sections, which included Sections 302, 307, 324 etc.,

The bench observed in cases of offences against body, compensation to the victim should be a methodology for redemption. However, it said: "To prevent unnecessary harassment, compensation has been provided where meaningless criminal proceedings had been started. Such a compensation can hardly be determined at the stage of grant of bail."

The bench said the 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. "We consider it appropriate to impose the same terms and conditions for grant of bail upon the appellants and set aside condition of the bail requiring the appellants to deposit Rs 2 lakh each towards compensation to the victims before the trial court and the consequential orders for disbursement," said the bench.

The bench imposed another condition that the appellants will not enter the geographical limits of Amreli for a period of six months except for marking presence before the police station concerned and to attend the court proceedings.