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Supreme Court of India 2021-07-07 allowed

DHARMESH @ DHARMENDRA @ DHAMO JAGDISHBHAI @ JAGABHAI BHAGUBHAI RATADIA & ANR vs THE STATE OF GUJARAT

Bench: 2 — Sanjay Kishan Kaul, Hemant Gupta

In Brief

Two accused appealed against bail conditions imposed by the High Court requiring them to deposit Rs. 2 lakh each as compensation to victims of a fatal incident. The Supreme Court held that compensation under Section 357 CrPC can only be awarded post-conviction, not as a condition for bail. The Court noted that determining compensation requires a full trial, conviction, and opportunity to hear the accused on sentencing—none of which occur at the bail stage. The Court set aside the compensation deposit condition and substituted it with geographical restrictions and police station reporting, consistent with conditions imposed on similarly situated co-accused. The appeal was allowed.

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Criminal Procedure Bail Compensation Victim Compensation

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