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TMI Blog2021 (4) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... of the statutory period to complete investigation, an indefeasible right is created in favour of the accused person entitling him to default bail once the accused applies for the default bail and shows his willingness to furnish bail, if any other condition is imposed, is to be treated beyond the jurisdiction of the Court concerned while exercising powers to grant default /statutory bail under Section 167(2) of the Criminal Procedure Code. The condition imposed under order dated 01.10.2020 passed by the Chief Judicial Magistrate, Vadodara, to the extent of directing deposit of 50% of the alleged amount of ₹ 9,43,50,223 is hereby ordered to be quashed and set aside - petition allowed. - R/SPECIAL CRIMINAL APPLICATION NO. 5777 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pon the decision of the Apex Court in the case of Saravanan Vs. State represented by the Inspector of Police, reported in (2020) 9 SCC 101. The only issue that the bail Court has to consider while exercising the power under Section 167(2) of the Code of Criminal Procedure is once the applicant shows willingness to furnish bail, an indefeasible right is created in his favour to enlarge the applicant on bail. 4. Initially, the Department, viz. Superintendent (Prev.), Office of Central GST and Customs Commissionerate was not represented. However, during the mentioning, learned Advocate Mr. Ankit Shah appears on behalf of the Department and submitted that in view of the judgment of the Apex Court, he has no submission to make. 5. Havi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, whether condition can be imposed lime the condition imposed in the present case for depositing 50% of the amount for which prosecution was launched. The answer lies in the decision of the Apex Court in case of Saravanan (supra). The relevant paras of the judgment are reproduced hereinbelow:- 9. Having heard the learned counsel for the respective parties and considering the scheme and the object and purpose of default bail/statutory bail, we are of the opinion that the High Court has committed a grave error in imposing condition that the appellant shall deposit a sum of ₹ 8,00,000/ while releasing the appellant on default bail/statutory bail. It appears that the High Court has imposed such a condition taking into consideration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed within 60 days or 90 days, as the case may be, and no chargesheet is filed by 60 th or 90th day and the accused applies for default bail and is prepared to furnish bail. 9.1 As observed hereinabove and even from the impugned orders passed by the High Court, it appears that the High Court while releasing the appellant on default bail/statutory bail has imposed the condition to deposit ₹ 8,00,000/ taking into consideration that earlier before the learned Magistrate and while considering the regular bail application under Section 437 Cr.P.C., the wife of the accused filed an affidavit to deposit ₹ 7,00,000/. That cannot be a ground to impose the condition to deposit the amount involved, while granting default bail/statutory ..... X X X X Extracts X X X X X X X X Extracts X X X X
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