Report No. 78

Chapter 5

Amount of Bond

5.1. Difficulties caused by demand for bail for excessive amount.-

The recommendation made in the preceding chapter,1 if implemented would reduce the number of under-trial prisoners falling within the first of the three categories mentioned by us.2 They would then become entitled to bail and would fall within the third category.

But this would not, in itself, be an adequate solution to the problem under consideration. It is common knowledge that even persons accused of bailable offences-that is to say, those in the third category-are often unable to secure bail for the requisite amount because of poverty or other circumstance.

This difficulty is common also to the second category of persons, since, even where the order of the court releasing them on bail is passed, sometimes they cannot furnish the bail bond because of their inability to find appropriate surety for the requisite amount. This could happen if the amount of the bond for which they have to find surety is so excessive that it is difficult for them to get competent surety for the requisite amount.

1. Chapter 4, supra.

2. Para. 1.26, supra.

5.2. The Code of Criminal Procedure does provide that the amount of bail bond shall not be excessive.1 But, notwithstanding this specific directive in the Code of Criminal Procedure, there have arisen cases where a disproportionately high amount of bail was demanded. One such case even went upto the Supreme Court.2

1. Section 440(1), Cr. P.C., 1973.

2. Moti Ram v. State of Madhya Pradesh, AIR 1978 SC 1549 (November issue).