9911796707
|
Home
Issues:
Grant of anticipatory bail subject to conditions under Sections 420 and 409 IPC read with Section 120B IPC. Analysis: The accused filed Special Leave Applications against whom offences under Sections 420 and 409 IPC read with Section 120B IPC were alleged. The High Court granted anticipatory bail subject to certain terms and conditions, including the deposit of a significant sum of money. The accused approached the Supreme Court after the High Court's order was modified, and a stay was granted on the payment of a balance amount. The State vehemently argued against interference in the conditions imposed by the High Court, while the defense contended that conditions for anticipatory bail must be reasonable and not arbitrary. The Supreme Court, after considering the submissions and Section 438 Cr. PC, emphasized that the purpose of conditions for anticipatory bail is to prevent the accused from absconding or obstructing the investigation. The Court clarified that conditions should be judicious and not aimed at recovering alleged amounts. The accused was directed to pay the balance sum as per the undertaking given, while a condition regarding payment was altered to allow for a corporate guarantee. The Court stressed the importance of the magistrate being satisfied with the solvency of the corporate guarantee. All other conditions were to remain in force, and the prosecution was urged to expedite the criminal proceedings. The accused was given eight weeks to furnish the corporate guarantee, and the Special Leave Applications were disposed of accordingly.
|
