'Exorbitant Bail Bond Deprives Accused Of Liberty, Adversely Impacts Family': Punjab & Haryana HC Reduces ₹50 Lakh Surety To ₹50k

The Punjab & Haryana High Court modified the quantum of surety fixed by the trial Court from Rs. 50 lakh to Rs 50,000 observing that, "the imposition of such an egregious condition would, in almost all cases, result in the accused being unable to furnish the required surety, thereby depriving them of their liberty and subjecting them to the harsh realities of jail life."Justice Harpreet Singh Brar said, "The psychological and physical toll of incarceration during this phase can be devastating. The adverse impact extends beyond the individual to their innocent family members, who bear the burden of financial distress and emotional anguish. Such collateral damage undermines the principle of presumption of innocence and the larger goal of ensuring a fair and equitable justice system."The Court further said that the imposition of an onerous condition such as a surety bond of Rs. 50 lakhs as a prerequisite for granting bail is antithetical to the principles of justice and fairness. "Unless there exists a clear, compelling necessity for the deprivation of liberty, an individual should not be remanded to judicial custody. Judicial custody, it must be underscored, is preventive in nature and not punitive," it added.These observations were made while hearing the plea filed under section 528 of BNSS, for setting aside the impugned order passed by the Judicial Magistrate 1st Class, Jalandhar, whereby, the petitioner was ordered to furnish bail bonds in the sum of Rs.50 lakh in criminal complaint instituted under Section 138 of the Negotiable Instruments Act. After examining the submissions, the Court said that, "The primary objective of bail is to ensure the appearance of the accused at trial, and this objective can be achieved by imposing reasonable conditions."Justice Brar highlighted that a surety bond of such exorbitant value cannot be deemed reasonable in good conscience, as it effectively places a monetary price on liberty, which is inherently invaluable. Deprivation of liberty must not be used as a form of punishment but rather as a measure of last resort to secure the ends of justice and the Court must remain mindful that social justice is the cornerstone of our Constitution, and no individual should be priced out of their liberty in the pursuit of justice, the judge added further.In light of the above, the Court allowed the plea.Title: Saraswati Devi v. Harvinder Singh SodhiMr. Bhrigu Agnihotri, Advocate for the petitioner.Click here to read/download the order

'Exorbitant Bail Bond Deprives Accused Of Liberty, Adversely Impacts Family': Punjab & Haryana HC Reduces ₹50 Lakh Surety To ₹50k

Aiman J. Chishti

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