CUTTACK: An accused should be given reasonable opportunity to fulfil the bail conditions when no time limit is specified while granting it, the Orissa High Court has held.
A single judge bench of Justice V Narasingh gave the ruling in the case of one Bhisma Behera whose bail plea was rejected by the trial court after granting default bail as he took three days to comply with the conditions.
Justice Narasingh said, “The nature of the conditions in the considered view of this court was such that reasonable opportunity ought to be furnished to the accused to fulfil the same.”
The conditions included bail bond of Rs 1 lakh with two solvent sureties of their home district, one of whom shall be anyone among their close relatives like any of the parents, full blood brother, full blood sister or spouse for the like amount.
The state counsel contended the indefeasible right to default bail cannot be extended for an indefinite period and as the applicant was not able to furnish the bail bond within reasonable period, in fact, took three days, there is no illegality in rejection of his bail application.
However, Justice Narasingh observed, “On a bare perusal of the bail conditions, it can be seen that no time limit has been stipulated by the court... in the given facts of the present case, this court is persuaded to hold that three days’ time taken by the petitioner to comply the conditions as imposed to be released on bail cannot be held to be unreasonable.”