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Criminal Procedure Code, 1973 -Determination and payment of compensation as a pre-condition for grant of bail [Ss. 439, 357, 250(1), 372 and 235(2)]

ByAdvocate Raji Nathani

Held, The objective is clear that in cases of offences against body, compensation to victim should be methodology for redemption. Hence compensation cannot be determined at stage of consideration of grant of bail. Hence direction in impugned order of High Court regarding deposit of compensation cannot be sustained. However, this does not rule out the imposition of other monetary conditions as precondition(s) for grant of bail.

[Dharmesh v. State of Gujarat, (2021) 7 SCC 198]

 

Related posts:

  1. Criminal Procedure Code, 1973 — S. 156(3) and Ss. 200 to 204 and S. 438
  2. Criminal Procedure Code, 1973 — Ss. 482 and 156(3) — Extraordinary relief of stay of further proceedings in complaint cases, including stay on arrest of accused persons
  3. Criminal Procedure Code, 1973 — S. 439 – Permitted grant of Bail to attend wedding of child with strict conditions
  4. Criminal Procedure Code, 1973— Grant of bail under S. 439 — Necessity of recording reasons and Extent to which reasons are required in a bail order

By Advocate Raji Nathani

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