Can Impose Condition Of Restitution Of Benefit/Property By Accused To Victim While Granting Bail: Punjab & Haryana High Court

In an important ruling, the Punjab and Haryana High Court has held that at the time of granting bail to the accused, the Court can impose the condition of restitution of benefit/property by the accused to the victim. The Bench of Justice Arun Kumar Tyagi clarified that imposition of any such condition (while granting bail) for such restitution of the benefit/property by the accused to the victim cannot be said to fall in the category of ‘impermissible onerous condition’. “I am of the considered view that if the accused admits or there is prima facie unimpeachable documentary material/video footage etc. regarding the accused having fraudulently/forcibly received a benefit/property from the victim and the accused fails to show his legal entitlement to the same, then even at the time of granting bail to the accused the Court can impose the condition of restitution of such benefit/property by the accused to the victim immediately or in such manner as may be agreed to by the victim,” ruled the Court.