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Observations on Odisha court bail conditions not directed against any particular judge: Supreme Court

The Supreme Court had recently taken strong exception to orders passed by Orissa High Court and other district courts in the State asking accused persons to clean police stations as condition for bail.

Debayan Roy

The Supreme Court has clarified that its recent observations about imposition of degrading bail conditions by Odisha courts should not be construed as adverse towards any judge of the Orissa High Court or any member of the State district judiciary.

A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi made the clarification while taking on record a compliance report filed by the Registrar General of the Orissa High Court.

"A compliance report filed by the Registrar General of the Orissa High Court is taken on record. It is, however, clarified that the observations made in the order dated 04.05.2026 shall not be construed as adverse comments against any learned Judge of the High Court or member of the District Judiciary," the Bench said on May 11.

CJI Surya Kant and Justice Joymalya Bagchi

The Court had recently taken suo motu cognisance of bail orders passed by Orissa High Court and courts in Rayagada district directing accused to clean police station premises as a condition for bail. Orissa High Court alone passed 50 such orders in the last six months.

Such orders expose the bias of the judiciary since the accused belong to a marginalized community, the top court said on May 5 while declaring the bail conditions null and void. 

"We deem it appropriate to issue an omnibus direction to all courts across the State of Odisha to forthwith delete such or similar offending conditions from bail orders and to refrain from substituting them with any analogous requirements," the Court had said.

In pursuance of the direction, the Registrar General of the Odisha High Court then filed a compliance report before the top court.

[Read Order]

Suo Motu conditions being imposed while granting bail .pdf
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