Why Jharkhand HC's Bail On Conditions Of Donation To PM CARES Fund & Downloading Aarogya Setu Is Problematic?
Live LawOn 16.04.2020 the High Court of Jharkhand allowed a criminal revision forsuspension of sentence. It says: no Magistrate shall release a person on bail if there appear reasonable grounds for believing that he has been guilty of the offence of which he is accused. It is perfectly conceivable that that man may be anxious to be released on bail in orde to achieve the very object with which he assaulted the two brothers, which object he failed to achieve in the first instance, and succeeded only in killing the one and simply injuring the other brother; and knowing that he will be hanged, before he is actually hanged, he may take advantage of his release on bail to go and kill the other brother. It seems to me that taking all the circumstances into consideration, seeing that admittedly the clause as we propose it is a decided advance, a decided improvement in the existing law, seeing also that the clause as we propose it gives the fullest discretion to the Magistrate in even the most serious class of cases in certain instances to release on bail and prohibits release on bail only when circumstances or facts have been established which have led the Magistrate to believe or have reason to believe that the accused has committed the offence - only in this very narrow circle is he prohibited from releasing the accused on bail in this most serious of all crimes, -1 submit that the Legislature ought not to go beyond that, that the Legislature should limit in such cases the discretion of the Magistrate in so far as release on bail in non-bailable cases is concerned". Now, coming back to the present condition of making contribution to PM CARES Fund, once the amount is deposited in this fund can it be refunded on the ground that the person in question didn't violate any provision of law which could lead to cancellation of bail?