2002 (1) TMI 1326 - SC - Indian Laws

Summary

Issues involved:
The judgment deals with the imposition of conditions by the Additional Sessions Judge under Section 438 of the Criminal Procedure Code for granting anticipatory bail to the accused, which was affirmed by the High Court. The main issue is whether the condition of depositing a certain amount as security for anticipatory bail is reasonable or not.

Summary:

Issue 1: Conditions for granting anticipatory bail
The accused appealed against the condition imposed by the Additional Sessions Judge and affirmed by the High Court, requiring him to deposit a sum of Rs. 15 lakhs in the form of FDR as a security for the deposit amount. The accused argued that such a condition was unreasonable and arbitrary, making it difficult for him to comply with. The Court considered the arguments presented and referred to a previous decision to determine the reasonableness of the condition.

Decision:
The Supreme Court concluded that the condition of depositing Rs. 15 lakhs in the Trial Court as a security for anticipatory bail was unreasonable. The Court set aside this condition and directed the accused to execute a bond of Rs. 25,000 with two solvent sureties, make himself available for interrogation as required, surrender his passport to the concerned Magistrate, and not leave the country without court permission. By complying with these revised conditions, the accused would be entitled to the order granting him anticipatory bail.

Outcome:
The appeal was allowed, and the condition of depositing Rs. 15 lakhs as security for anticipatory bail was set aside. The Court directed the accused to fulfill the revised conditions to avail of anticipatory bail, ensuring his availability for interrogation and surrendering his passport to the concerned Magistrate.