Poverty Can't Defeat Liberty: Rajasthan High Court Recalls ₹1 Lakh Deposit Condition, Orders Release Of NDPS Convict
The Rajasthan High Court has recalled the monetary condition imposed on the release of the applicant, an NDPS convict, owing to which he was not able to get out of jail, despite being released from prison on bail after around 8 years, and directed the trial court to release him.
The bench of Justice Anoop Kumar Dhand held that poverty and penalty should not hinder the right to life and liberty, guaranteed under Article 21 of the Constitution, of the accused who was released from jail.
The applicant was found guilty in an NDPS case and was granted a sentence of 10 years out of which he served almost 8 years. Thereafter, the Court suspended the sentence in October 2025 and imposed certain conditions. One of the conditions was deposit of Rs. 1 lakhs which the applicant was not able to fulfill owing to his poverty.
Hence, the application was moved before the Court.
The Court observed that even if any condition, imposed by the Appellate Court while suspending the sentence, was found to be impossible to be fulfilled by the accused, such condition amounted to defeating the right to appeal of the accused, which violated rights to personal life and liberty under Article 21 of the Constitution.
“Thus, in the considered opinion of this Court, poverty and penalty should not hinder an accused persons' right of life and personal liberty, who has been released from jail, as the Article 21 of the Constitution of India guarantees the life and liberty. If the applicant, in the present case, is not in a position to arrange the fine amount and has remained in custody inspite of his release order passed by this Court vide order dated 07.10.2025, it clearly amounts to violation of his personal right of life and liberty.”
In this background, the Court recalled the condition to deposit a fine of Rs. 1 lakh, and directed the trial court to release the applicant in terms of other conditions imposed on the accused.
The Court highlighted that the order was given in light of peculiar circumstances of the case, and shall not be used as a precedent, and directed the copy to be sent to the Bar Council of India as well as Bar Council of Rajasthan.
Title: Rajesh Kushwah v State of Rajasthan
Citation: 2026 LiveLaw (Raj) 35