Bail conditions must be proportionate: an additional bank guarantee was struck down as excessively onerous.

A bail condition requiring furnishing of a bank guarantee was held excessively onerous where the accused had already provided a substantial personal bond and sureties. The Supreme Court of India assessed the condition against the governing principles on bail conditions and the existing security arrangement, and found that the additional guarantee was not legally sustainable. The bank guarantee requirement was therefore set aside.

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Issues: Whether the condition requiring furnishing of a bank guarantee of Rs. 50 lakhs as a condition of bail was legally sustainable.

Analysis: The appellant had already furnished a personal bond of Rs. 1 crore with two sureties of like amount, and the impugned bank guarantee condition was examined in light of the governing principles on bail conditions. Considering the nature of the case, the existing bond and surety arrangement, and the legal position relied upon, the additional bank guarantee was found to be excessively onerous and unsustainable.

Conclusion: The condition requiring furnishing of a bank guarantee of Rs. 50 lakhs as a condition of bail was set aside.

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