SAHAB ALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties. We have a batch of petitions before us, arising from different nature of offences from dowry to Sec. 420, IPC to Sec. 376, IPC and POCSO Act. The common aspect in all these cases is that one particular learned Judge of the High Court has granted bail on condition on deposit of substantive sums of money without consideration of the requirements of bail dependent on the nature of offences. It is trite to say that bail cannot per se be granted if a person can afford to deposit the money or his capacity to pay. That is what seems to have happened. Since there is no proper consideration, it is also difficult for us to analyze what weighed with the learned Judge while granting bail and it is certainly not the jurisdiction of this Court to be first or a second Court of bail.

(3.) Learned Amicus has expressed his concern that such an approach gives rise to an impression among the accused that bail is admissible on being able to pay the money to obtain the said bail by seeking deposit of different amounts.