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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 ..... c. Application No.2636 of 2020, whereby, while enlarging the applicant on bail (on default bail), a condition was imposed to deposit an amount of 50% of the total amount of Rs. 9,43,50, 223/-, which was alleged to be defaulted on the part of the applicant by the Office of the Commissioner, Central, GST, Vadodara-II. 3. Learned advocate for the applicant at the outset submitted that the Court has committed error in imposing condition as the Court was exercising its power under Section 167(2) of the Code of Criminal Procedure as within the statutory period provided the investigation could not be completed and complaint as provided under the provisions of GST Act was not filed against the applicant. 3.1 It is submitted that the Court of Chie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for bail under Section 439. However, pending the bail application, statutory period of 60 days for registering the complaint under the provisions of the GST Act had expired and therefore, on 28.09.2020, the petitioner preferred an application for default bail before the Court of Magistrate, Vadodara being Criminal Misc. Application No.2636 of 2020. Considering the provisions of Section 167(2), the Magistrate by order dated 01.10.2020, allowed the application for default bail, in view of the fact that within the period stipulated, the investigation was not completed and the complaint was not filed. However, while allowing the application for default bail, the Magistrate was pleased to impose condition of depositing an amount to the extent o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed applies for default bail and furnish bail. Therefore, the only requirement for getting the default bail/statutory bail under Section 167(2), Cr.P.C. is that the accused is in jail for more than 60 or 90 days, as the case may be, and within 60 or 90 days, as the case may be, the investigation is not completed and no chargesheet is filed by 60th or 90th day and the accused applies for default bail and is prepared to furnish bail. No other condition of deposit of the alleged amount involved can be imposed. Imposing such condition while releasing the accused on default bail/statutory bail would frustrate the very object and purpose of default bail under Section 167(2), Cr.P.C. As observed by this Court in the case of Rakesh Kumar Paul (supr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 8. In view of the aforesaid, condition imposed under order dated 01.10.2020 passed by the Chief Judicial Magistrate, Vadodara in Criminal Misc. Application No.2636 of 2020, to the extent of directing deposit of 50% of the alleged amount of Rs. 9,43,50,223 is hereby ordered to be quashed and set aside. The petition stands allowed. Rule is made absolute t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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