2023 (1) TMI 1256 - HC - GST

Deletion/modification of condition on which regular bail was granted - deletion of condition of providing bank guarantee of an amount of Rs.3 Crore, for a period till final disposal of the case - HELD THAT - On going through the averments made in the application that the applicant is in jail since September, 2022 and during his jail period, his conduct is also good. Keeping in mind the offence alleged, the application deserves to be allowed by modifying the condition imposed by Chief Judicial Magistrate, Vadodara. The application is hereby allowed and the Condition imposed by Chief Judicial Magistrate, Vadodara vide order dated 14.12.2022 is hereby modified to the extent that the applicant is ready and willing to furnish bank guarantee of Rs.1.5 Crore, before Chief Judicial Magistrate, Vadodara, within period of two months from the date of receipt of the order of this Court. However, rest of the conditions imposed by Chief Judicial Magistrate, Vadodara remain intact.

Summary

Issues:
1) Deletion of condition No. 1 imposed by Chief Judicial Magistrate in granting bail.
2) Whether the condition of furnishing a bank guarantee of Rs.3 Crore is justifiable.
3) Modification of the condition imposed by the Chief Judicial Magistrate.
4) Applicant's willingness to furnish a bank guarantee of Rs.1.5 Crore within a specified time frame.

Analysis:
Issue 1: The applicant filed an application seeking deletion of condition No. 1 imposed by the Chief Judicial Magistrate in a criminal case granting bail. The condition required the applicant to furnish a bank guarantee of Rs.3 Crore until the final disposal of the case. The applicant found it impractical to arrange such a huge amount and approached the court for relief.

Issue 2: The Additional Sessions Judge confirmed the condition imposed by the Chief Judicial Magistrate, leading the applicant to challenge the decision. The applicant argued that the condition of providing a bank guarantee of Rs.3 Crore was onerous and practically impossible due to financial constraints. The applicant's counsel contended that such a condition would virtually disallow the bail, emphasizing the applicant's willingness to provide a bank guarantee of Rs.1.5 Crore within a reasonable time.

Issue 3: The High Court considered the submissions of both parties and evaluated the circumstances. The court noted the applicant's good conduct during the period of incarceration and the nature of the alleged offence. After careful consideration, the court found merit in modifying the condition imposed by the Chief Judicial Magistrate, Vadodara, to ensure a balance between the requirements of the case and the applicant's situation.

Issue 4: The High Court allowed the application and modified the condition, directing the applicant to furnish a bank guarantee of Rs.1.5 Crore within two months from the date of the court's order. The rest of the conditions imposed by the Chief Judicial Magistrate remained unchanged. The court ordered the registry to communicate the decision to the concerned Jail Authority promptly, permitting direct service for compliance.