2017 (9) TMI 1958 - HC - Indian Laws

Grant of default bail - Seeking modification of conditional order directing the petitioner to deposit a sum of ₹ 15 lakhs - HELD THAT - Section 167(2) of Cr.P.C.is an indefeasible right and such a right cannot be extinguished by imposition of onerous conditions. The condition No.1 alone in the order stands deleted - Petition disposed off.

Summary

Issues:
Challenge to the conditional order directing deposit of ?15 lakhs before the Trial Court.

Analysis:
The petitioner, arrayed as A2, sought modification of the conditional order dated 04.09.2017, which directed him to deposit ?15 lakhs before the Trial Court. The petitioner had been granted default bail by the Judicial Magistrate No.IV, Trichy, as the charge sheet was not filed by the respondent. The petitioner, involved in a case related to a manpower company collecting money from individuals for overseas employment and failing to fulfill promises, argued that the condition to deposit ?15 lakhs was onerous. The petitioner's counsel cited legal precedents to support the contention that imposing such hefty financial conditions is improper. The counsel referred to a Supreme Court decision and a High Court decision, emphasizing that the right to default bail under Section 167(2) of the Criminal Procedure Code is indefeasible and cannot be extinguished by imposing burdensome conditions.

The Additional Public Prosecutor representing the respondent highlighted the background of the case, where the petitioner and his wife were involved in a bail petition before the High Court. The petitioner's wife was granted bail on the condition to deposit ?10 lakhs within a specified time frame, but she failed to comply, leading to the dismissal of the petitioner's bail as well. The respondent argued that the petitioner was part of a scheme where money was collected from individuals for overseas opportunities but not delivered as promised. The respondent did not contest the modification sought by the petitioner regarding the deposit condition.

In consideration of the arguments presented, the court found merit in the petitioner's plea regarding the onerous condition of depositing ?15 lakhs. Citing legal authorities, the court held that imposing such burdensome financial requirements for bail, especially in cases of default bail, is improper. Consequently, the court ordered the deletion of the condition requiring the petitioner to deposit ?15 lakhs as specified in the order dated 04.09.2017. The petition for modification of the conditional order was granted, thereby providing relief to the petitioner in this matter.