Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Modification of bail conditions — NDPS Act offences — Onerous conditions — Financial incapacity — Scope —
Criminal Petition filed seeking relaxation/modification of conditions imposed while granting bail in NDPS case — Petitioners contended that conditions imposed by trial Court were onerous and incapable of compliance due to financial constraints, resulting in continued detention despite grant of bail — Held, where bail conditions are excessively burdensome and defeat the very grant of bail, Court is justified in modifying such conditions to make them workable — Bail conditions must be reasonable and not illusory.
(Paras 2–4)
Bail — Conditions — Reasonableness —
Held, conditions imposed while granting bail should not be so onerous as to render the order of bail ineffective — Financial incapacity of accused is a relevant consideration in determining appropriateness of bail conditions.
(Paras 2–4)
NDPS Act — Bail — Modification —
Held, notwithstanding seriousness of offence under NDPS Act, once bail is granted, conditions imposed must be capable of compliance — Court can relax or modify such conditions without disturbing the order granting bail.
(Para 4)
Bail — Modification vs grant — Distinction —
Held, modification of bail conditions does not amount to fresh grant of bail but is an adjustment of terms to ensure effective implementation of earlier order.
(Para 4 — implicit)
Directions —
Held, condition modified by directing petitioners to execute bond of Rs.1,00,000/- each with two sureties — Remaining conditions imposed by trial Court to continue.
(Paras 4–5)
RATIO DECIDENDI
Bail conditions must be reasonable and capable of compliance, and where conditions imposed are excessively onerous resulting in continued detention despite grant of bail, the Court is empowered to modify such conditions to make the bail effective, without disturbing the original order granting bail.
