S. 439 CrPC: Bail - Court Cannot Impose Any Condition Which Amounts To Exercising Powers Envisaged Under Any Other...
📌 Section 439 CrPC – Bail by High Court or Court of Session
Section 439 of the Code of Criminal Procedure, 1973 gives special powers to the High Court and Court of Session to grant bail.
It also empowers these courts to impose conditions while granting bail.
However, the scope of conditions under Section 439 is limited – the court cannot impose conditions that indirectly amount to exercising powers granted under other provisions of law.
⚖️ Principle Laid Down
While granting bail, a court can impose conditions only to ensure the presence of the accused during trial, prevent misuse of liberty, and safeguard the investigation/trial process.
The court cannot impose conditions which are not related to the object of bail and which effectively amount to exercising jurisdiction vested under another statutory provision.
For example:
Court cannot direct cancellation of licenses, suspension of passports, or attachment of property as a bail condition – because these powers fall under other specific laws, not under Section 439 CrPC.
📚 Important Case Laws
Sumit Mehta v. State of NCT of Delhi (2013) 15 SCC 570
Supreme Court held that while granting bail, conditions must be reasonable and should not be so onerous that they virtually defeat the order of bail.
The power to impose conditions should be exercised to ensure justice, not to punish the accused before trial.
Aparna Bhat v. State of Madhya Pradesh (2021) 3 SCC 247
The Supreme Court held that courts cannot impose arbitrary or irrelevant conditions while granting bail.
For example, in this case, the High Court had imposed a condition requiring the accused to get a rakhi tied by the complainant in a sexual offence case. The SC struck it down, observing that such conditions trivialize serious offences and are not related to the purpose of bail.
Raghuvansh Dewanchand Bhasin v. State of Maharashtra (2012) 9 SCC 791
The Court emphasized that bail conditions should be in aid of the purpose of bail only – ensuring accused’s attendance at trial and preventing obstruction of justice.
Conditions beyond this scope are impermissible.
Supreme Court (recent rulings)
Courts have repeatedly clarified that Section 439 CrPC cannot be used to impose conditions like surrendering passports, cancelling government benefits, or barring profession/business, since those powers lie under other statutory frameworks (like Passports Act, Service Rules, etc.).
🔑 Key Takeaway
The purpose of bail conditions is limited to securing the trial process and preventing misuse of liberty.
Courts cannot step into the shoes of other statutory authorities by imposing conditions that belong to powers conferred under other enactments.
Any such condition would be beyond the scope of Section 439 CrPC.
👉 In simple terms: While granting bail, the court must stay within the four corners of Section 439 CrPC. It cannot use bail conditions as a tool to indirectly exercise powers that belong to some other authority or law
RELATED Blog
0 comments