Bail Can’t Be Subject to Paying Compensation to Victims: Supreme Court
Recently it was observed by the apex court that the payment of compensation to the victims of covid 19 could not be imposed at the bail stage.
Further, it was clarified by the bench of Hon’ble Justice Sanjay Kishan Kaul and Hon’ble Justice Hemant Gupta that they were not saying that no monetary condition could be imposed for bail. They were saying so as there are cases of offenses against property, but the said compensation can’t be a precondition for the grant of bail.
So, as we know in the instant case it was said by the high court that the accused have to deposit Rs- 2 lac as compensation to victims so only for this purpose the high court had given the bail to the accused only in this condition that he has to give money to the victims.it was contended by the accused before the top court under section 357 CrPC that after the trial concluded the compensation could only arise not before that and also that without the full-fledged trial, there cannot be a sentence. And therefore, there cannot be such compensation so it's very important to keep in mind that without the full-fledged trial there is no sentence.
The Bench clearly observed that in cases of offenses against the body the compensation provided to the victim should be a methodology of redemption. Similarly, compensation has also been provided for unnecessary harassment, etc, where the proceedings have been started. Such compensation could hardly be determined at the stage of grant of bail.
Then further it was added that the bench was not stating that to grant bail no monetary compensation could be imposed but in some of the cases, the monetary compensation would be applicable. the case is like in the case of property.
After making the said observation by the bench of Hon’ble Justice Sanjay Kishan Kaul and Hon’ble Justice Hemant Gupta that bench has set aside the condition to deposit Rs- 2 lakh each as compensation to the victims of the covid 19. Covid 19 is a very bad virus and dangerous people are losing their lives and their family members even after depositing money in the hospitals they are not getting the bed. so, if they will get compensation at least they can feed their stomach.