Table of Contents
Feroze Basha & Anr. v. State of Tamil Nadu (2026 )
Introduction
The Supreme Court clarified the law on sale of property as bail condition. It held that courts cannot impose such a condition. Further, the Court stated that bail conditions must stay reasonable and must relate to the purpose of bail.
Factual Background
A complaint alleged cheating and misappropriation of funds. The police registered an FIR against the accused under Sections 406, 409, 420, and 34 IPC.
The police arrested the accused, and they remained in custody during the investigation. The Sessions Court rejected their bail application. However, the High Court granted bail. It also directed the Magistrate to sell the accused’s properties and distribute the money to the complainant.
The accused challenged this condition before the Supreme Court.
Issue
The issue was whether a court can impose sale of property as a condition for bail.
Court’s Analysis
The Supreme Court examined the scope of bail. It held that courts grant bail to ensure the accused appears during investigation and trial.
However, bail cannot serve as a tool for recovery. Courts must not use bail proceedings to settle civil disputes.
The Court further observed that ordering sale of property gives final relief. Therefore, such a condition goes beyond bail jurisdiction.
Legal Position Explained
The Court held that bail conditions cannot include mandatory sale of the accused’s property, as this goes beyond the purpose of bail.
Further, the Court clarified that neither the Bharatiya Nagarik Suraksha Sanhita, 2023 nor the Code of Criminal Procedure, 1973 allows such a condition.
Bail conditions must remain reasonable and connected to the case. They must not punish the accused. They must also not affect property rights.
Error by High Court
The Supreme Court held that the High Court exceeded its powers. It turned a bail proceeding into a recovery process.
The Court also noted that even if the accused offered to sell the property, the court could not enforce such a condition.
Decision
The Supreme Court allowed the appeal. It removed the condition requiring sale of property. However, it kept the other valid bail conditions.
Conclusion
This judgment makes the law clear. Courts must keep bail conditions within limits. Thus, courts cannot order sale of property while granting bail.
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