The bench comprising Justices Sanjay Kishan Kaul and Hemant Gupta of the Supreme Court on Monday observed that compensation to victims cannot be imposed at the time of granting bail.
"We may hasten to add that we are not saying that no monetary condition can be imposed for grant of bail. We say so as there are cases of offences against property or otherwise but that cannot be a compensation to be deposited and disbursed as if that grant has to take place as a condition of the person being enlarged on bail," the bench said.
Compensation can only arise after the conclusion of the trial. Without a full-fledged trial, there cannot be a sentence, and thus, there cannot be any compensation, the court noted. The bench was hearing a plea filed by two accused who were granted bail by a high court on the demand of depositing Rs 2 lakh each as compensation to victims. The two have been charged with sections 302, 307, 324 etc.
Compensation to the victim must be a method of redemption in cases of offences against the body. But, "to prevent unnecessary harassment, compensation has been provided where meaningless criminal proceedings had been started. Such a compensation can hardly be determined at the stage of grant of bail," the bench observed.
Setting aside the compensation imposed by the HC, the bench said, "We consider it appropriate to impose the same terms and conditions for grant of bail upon the appellants and set aside condition of the bail requiring the appellants to deposit Rs 2 lakh each towards compensation to the victims before the trial court and the consequential orders for disbursement."
However, they imposed another condition that the appellants shall not enter the geographical limits of Amreli for six months except for visiting the police station or attending court proceedings.