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TMI Blog2021 (3) TMI 1273X X X X Extracts X X X X X X X X Extracts X X X X ..... khs while being released on default bail. HELD THAT:- Economic offences constitute a class apart as compared to the 3 of 6 other offences. Coming to the instant case in the wake of the allegations levelled against the petitioner, it need not be over-emphasized that the parameters in such like cases would definitely warrant a different and stricter application of the conditions of bail. Hence, the imposition of ₹ 50 lakhs as a pre-requisite condition cannot by any stretch of imagination be said to be onerous much less being against the mandate of the Supreme Court in Saravanan's case (supra). A perusal of the impugned order reveals that the trial Court has carefully examined the facts, circumstances and background of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Country without permission of the Court. He shall surrender his passport in the Court if he possesses the same and in case he do not hold any passport his undertaking in form of an affidavit that he will not get any passport issued in his name without permission of the Court. 4. Accused shall not commit any offence of like nature or any other offence punishable under law. 5. Accused shall not try to influence the witnesses of the prosecution or tamper with the evidence. 6. Accused shall not change his appearance during the course of trial. 3. At the very outset, learned counsel for the petitioner submits that he would not press qua the condition imposed with respect to the petitioner not changing his appearance during the trial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fourteen firms without there being any actual movement of goods, which resulted in a huge loss to the government exchequer. He also contended that during investigation it had come to light that besides the involvement of the initial fourteen firms in the alleged fraud, 11 more firms were created and operated by the petitioner to carry out bogus transactions. Learned counsel submitted that investigation was still underway to unearth the entire scam running into hundreds of crores of rupees. Still further it was contended that the imposition of ₹ 50 lakhs in the form of FDR while granting default bail could not be said to be an onerous condition looking to the allegations levelled and antecedents of the petitioner of being involved in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time of hearing of the regular bail application, before the learned Magistrate, the wife of the appellant filed an affidavit agreeing to deposit ₹ 7,00,000/-. However, as observed by this Court in catena of decisions and more particularly in the case of Rakesh Kumar Paul (supra), where the investigation is not completed within 60 days or 90 days, as the case may be, and no chargesheet is filed by 60th or 90th day, accused gets an indefeasible right to default bail, and the accused becomes entitled to default bail once the accused applies for default bail and furnish bail. Therefore, the only requirement for getting the default bail/statutory bail under Section 167 4 of 6 (2), Cr.P.C. is that the accused is in jail for more than 60 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in hand is clearly distinguishable from Saravanan's case(supra) as in that case the Magistrate while extending the concession of default bail had imposed the condition to deposit an amount of ₹ 8 lakhs as 5 of 6 security out of the alleged crime money of ₹ 15,67,338/-. Appellant in that case was granted bail under Section 437 Cr.PC subject to deposit of ₹ 7 lakhs out of the total alleged amount of ₹ 15,67,338/- and balance was to be deposited on or before 06.04.2020 as per undertaking given by the appellant's wife. On being aggrieved, instead of applying for modification of the order, the appellant in that case decided to avail relief of default bail under Section 167 (2) Cr.PC. While granting the statutory b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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