The Supreme Court recently expressed strong displeasure over a Patna High Court bail order directing that the accused be released only if the victim stands as a surety for his release [Shrawan Kumar Yadav @ Shrawan Yadav v. State of Bihar]..The bench of Justice JB Pardiwala and Justice Ujjal Bhuyan said it was "very unfortunate" that the accused, who was ordered to be released in July 2023, was still languishing in jail due to the such an "absurd condition".The Court stayed the bail condition and ordered the release of accused."The petitioner is ordered to be released on bail subject to the terms and conditions that the trial court may deem fit to impose," the top court directed..The Court was hearing an appeal challenging the Patna High Court's refusal to modify the bail condition. The accused last year had moved the High Court for bail in the First Information Report (FIR) registered in January 2023 pertaining to the offence under Section 366(A) (procuration of minor girl) read with Section 34 (common intention) of the Indian Penal Code (IPC)..On July 25, 2023, the High Court ordered his release but subject to the condition that the victim shall stand as the surety. Considering that it was practically impossible to ask the victim to stand as a surety, the accused sought modification of the condition. On January 12, the modification application was rejected by the High Court. The accused then had approached the apex court which allowed the plea and set aside the High Court order. .Advocates Vikas Gupta, Mukesh Kumar Verma, Vivek Gupta, Yadunanda Bansal and Neeraj Srivastva represented the accused..[Read Order]
The Supreme Court recently expressed strong displeasure over a Patna High Court bail order directing that the accused be released only if the victim stands as a surety for his release [Shrawan Kumar Yadav @ Shrawan Yadav v. State of Bihar]..The bench of Justice JB Pardiwala and Justice Ujjal Bhuyan said it was "very unfortunate" that the accused, who was ordered to be released in July 2023, was still languishing in jail due to the such an "absurd condition".The Court stayed the bail condition and ordered the release of accused."The petitioner is ordered to be released on bail subject to the terms and conditions that the trial court may deem fit to impose," the top court directed..The Court was hearing an appeal challenging the Patna High Court's refusal to modify the bail condition. The accused last year had moved the High Court for bail in the First Information Report (FIR) registered in January 2023 pertaining to the offence under Section 366(A) (procuration of minor girl) read with Section 34 (common intention) of the Indian Penal Code (IPC)..On July 25, 2023, the High Court ordered his release but subject to the condition that the victim shall stand as the surety. Considering that it was practically impossible to ask the victim to stand as a surety, the accused sought modification of the condition. On January 12, the modification application was rejected by the High Court. The accused then had approached the apex court which allowed the plea and set aside the High Court order. .Advocates Vikas Gupta, Mukesh Kumar Verma, Vivek Gupta, Yadunanda Bansal and Neeraj Srivastva represented the accused..[Read Order]