Stricter bail conditions not on,say lawyers ……Sunil Baghel
HC makes it mandatory for a person seeking bail to produce a list of three blood relatives
HC makes it mandatory for a person seeking bail to produce a list of three blood relatives
The imposition of new conditions by the Bombay High Court on an accused waiting to be released on bail has sparked a raging controversy in legal circles.While some senior lawyers have described the guidelines as impractical,some others have gone to the extent of terming them unconstitutional.
In a notification issued by the Registrar General of the Bombay High Court,six more conditions have been added to Chapter 1 of the Criminal Manual,1980.Chief among them is the requirement that an accused submit to the court a list of at least three blood relatives,with documentary proof of their residential and office addresses.
When asked about this,Senior Counsel Amit Desai said while the Courts intention was right,the clause would cause hardship for the poor,especially since there was no reference to the gravity of the offence in relation to which these conditions would apply.
Migrant workers and expats who work in Maharashtara will find it extremely difficult to fulfil these conditions, he said.For example,a person who is required to travel for his vocation will be required to come back every week to give his attendance at the local police station.
Another Senior Counsel,Ashok Mundargi,said it was fine to ask for details of an address change so that the accused could be tracked,but anything more was unreasonable.
The Supreme Court in Hussainara Khatoon case has gone to the extent of saying that if a person cant afford the bail amount,he or she can be released only on a personal bond.So imposing conditions like furnishing residential and office addresses of three blood relatives is unconstitutional, he said.
In addition to this,the new guidelines ask for the accused to produce copies of at least two of the following nine documents passport,PAN card,bank passbook,credit card with photograph,ration card,electricity bill,landline phone bill,voter ID card,and property tax register.The authenticity of the addresses given on the documents will be verified by local police and a report submitted to the court by the officer in charge of the concerned police station.
Expressing her reservation to this clause,advocate Rohini Salian said: I wonder if poor people will be able to furnish such documents.My biggest grouse,however,is that conditions should be stringent when the accused is being granted bail after his conviction,but not before he is found guilty of committing an alleged crime.
Mundargi expressed similar concerns,saying that,in some cases,poor people may never be able to come out on bail.Around 20-30 per cent people in this country may not possess these documents,so what happens if they are arrested in a case and are entitled to bail he asked.
Also,the High Court has added a special condition for financial crimes that the bail amount will be fixed in proportion to the money involved in the crime.While determining this,the status of the accused,his past conduct,and his antecedents will be considered.
The amount of bail can never be in proportion to the alleged crime committed.Bail is only for securing the presence of the accused.What happens in a case where a gullible person has allowed his account to be used for a fraud running into crores,but he cant afford a bail even for a few thousand rupees said Mundargi.
Another lawyer,Mubin Solkar,said that the new clauses,while good in spirit,could breed more corruption in the system.For example,the condition about authenticity of addresses will make people go back to the Police for verification.This may cause unnecessary delays.In any case,an accused should not be made to go to the officers who may not be happy that he has secured bail, he said.
The new guidelines are even more strict on people who have jumped bail,and people who have not appeared in court despite repeated summons.The notification says bail will not be granted to them unless there are special reasons.Even if bail is granted,stringent conditions will be imposed,including regular appearances in a police station.
NEW CONDITIONS
– Submit list of at least three blood relatives with their residential and office addresses
– Produce copies of any two documents from passport,PAN card,bank passbook,credit card with photograph,ration card,electricity bill,landline telephone bill,election voter ID card,and property tax register
– Change of address must be recorded not just in the police station but also in court
– Bail amount for financial crimes in proportion to the amount of money involved in the crime
– Those who have jumped bail should not be granted bail unless there are special reasons