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TMI Blog2022 (2) TMI 1158X X X X Extracts X X X X X X X X Extracts X X X X ..... e latter, has made a very candid submission, that the impugned modified conditions, as imposed upon the bail petitioner, are oppressive, harsh, and, exploitative, and would ultimately negate the indulgence of default bail, as becomes accorded to him, as he submits that the bail petitioner, is not possessed of financial emplowerments in commensuration to the modified impugned bail conditions, as become imposed upon him, by the learned Additional Sessions Judge, Ludhiana - this Court concludes, that the ill sequel thereof would be, that the personal liberty of the bail petitioner would become completely curtailed, merely on account of his inability to fulfil the harsh, oppressive, and, exploitative bail conditions. Consequently, this Court deems it fit to modify the conditions of default bail. The learned counsel for the petitioner, on instructions meted to him by the latter, made a statement at the bar, that the petitioner is ready and willing to furnish personal as well as three surety bonds (of whom two sureties, should be local) comprised in a sum of 10 lakhs each to the satisfaction of the learned trial Magistrate concerned. The above are both reasonable, and, just, and, would m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; 20 lakhs. "1. Accused shall furnish a bank guarantee/FDR for an amount of ₹ 60 lakh to be forfeited to the State in case of violation of any of the terms and conditions imposed vide this order. 2. Accused shall come present on each and every date of hearing for appearance in the Court and for trial of the case. 3. Accused shall not leave the jurisdiction of this Country without permission of the Court. He shall surrender his passport in the court if he possessess 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 of tamper with the evidence. 6. Accused shall not change his appearance during the course of trial. 7. Accused shall not change his address without prior intimation to this Court. 8. Accused shall not induce, threat or promise any witness to refrain him/her from deposing in the case during the investigation or trial. Accused shall make available himself before I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would be a subterfuge and would not be in accordance with law and in conformity with the provisions of the Criminal Procedure Code, and as such, could be violative of Article 21 of the Constitution. There is no provision in the Criminal Procedure Code authorising detention of an accused in custody after the expiry of the period indicated in the proviso to sub-section (2) of Section 167 excepting the contingency indicated in Explanation I, namely, if the accused does not furnish the bail. It is in this sense it can be stated that if after expiry of the period, an application for being released on bail is filed, and the accused offers to furnish the bail, and thereby avails of his indefeasible right and then an order of bail is passed on certain terms and conditions but the accused fails to furnish the bail, and at that point of time a challan is filed then possibly it can be said that the right of the accused stood extinguished. But so long as the accused files an application and indicates in the application to offer bail on being released by appropriate orders of the Court then the right of the accused on being released on bail cannot be frustrated on the oft chance of Magistrat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt of the default on the part of the Investigating Agency in completing the investigation within the period stipulated. 5. If the accused is unable to furnish bail, as directed by the Magistrate, then the conjoint reading of Explanation I and proviso to sub-section (2) of Section 167, the continued custody of the accused even beyond the specified period in paragraph (a) will not be unauthorised, and, therefore, if during that period the investigation is complete and charge-sheet is filed then the so-called indefeasible right of the accused would stand extinguished. 6. The expression 'if not already availed of' used by this Court in Sanjay Dutt's case (supra) must be understood to mean when the accused files an application and is prepared to offer bail on being directed. In other words, on expiry of the period specified in paragraph (a) of proviso to sub-section (2) of Section 167 if the accused files an application for bail and offers also to furnish the bail, on being directed, then it has to be held that the accused has availed of his indefeasible right even though the Court has not considered the said application and has not indicated the terms and conditions of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner. 7. In the above context, the learned counsel appearing for the petitioner on instructions meeted to him by the latter, has made a very candid submission, that the impugned modified conditions, as imposed upon the bail petitioner, are oppressive, harsh, and, exploitative, and would ultimately negate the indulgence of default bail, as becomes accorded to him, as he submits that the bail petitioner, is not possessed of financial emplowerments in commensuration to the modified impugned bail conditions, as become imposed upon him, by the learned Additional Sessions Judge, Ludhiana. Believing the aforemade statement at the bar, by the learned counsel for the petitioner, on instructions given to him by the latter, this Court concludes, that if the above impugned modified conditions, imposed upon the bail petitioner, as a pre condition of his availing the indulgence of default bail, are hence for the above reason(s), hence harsh, oppressive and exploitative. Therefore, this Court concludes, that the ill sequel thereof would be, that the personal liberty of the bail petitioner would become completely curtailed, merely on account of his inability to fulfil the harsh, oppress ..... X X X X Extracts X X X X X X X X Extracts X X X X
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