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TMI Blog2024 (10) TMI 1163X X X X Extracts X X X X X X X X Extracts X X X X ..... le granting bail, is illegal. The Apex Court in the case of Subhash Chouhan v. Union of India and another [ 2023 (1) TMI 1168 - SC ORDER ] has held ' the condition directing the appellant to deposit a sum of Rs. 70 Lakhs is not liable to be sustained and is hereby set aside.' The Apex Court has held it to be illegal in the afore-quoted judgment. The said finding would become applicable to the facts of the case at hand and the condition of furnishing of bank guarantee is on the face of it illegal. This Court is coming across plethora of cases where the concerned Courts, while granting bail are imposing a condition that the accused should furnish a bank guarantee of any quantum. This is on the face of it illegal. Such orders being pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bject to certain conditions. The order granting bail reads as follows: ORDER Bail petition filed under Sec. 439 of Cr.P.C. by the Petitioner is allowed. Petitioner is ordered to be released on regular bail in Cr. No.53/2021 on executing personal bond for Rs. 50,00,000/- with one surety for the like sum. The accused shall furnish bank guarantee to the Trust to the tune of Rs. One crore after release from prison within 3 months on the following conditions. 1. The Petitioner shall not tamper with the Prosecution witnesses either directly or indirectly in any manner. 2. The petitioner shall appear before court regularly. 3. The petitioner shall not abscond from the residence and should furnish the address proof to the concerned police 4. He sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld have imposed a condition of furnishing of bank guarantee of whatever amount it is, while granting bail. The issue need not detain this Court for long or delve deep into the matter. The Apex answering an identical circumstance has held that asking for a bank guarantee or a condition of furnishing a bank guarantee, while granting bail, is illegal. The Apex Court in the case of Subhash Chouhan v. Union of India and another 2023 SCC Online SC 110, has held as follows: 3. The challenge in this appeal has been made to the Order dated 21.06.2022 passed by the High Court of Chhattisgarh granting bail to the appellant subject to conditions. One of the conditions was that the appellant shall deposit a sum of Rs. 70 Lakhs under protest, in favour o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se vide judgment and order dated 20.01.2023. 4. Following the reasons given in the said judgment and order, we hereby provide that the condition directing the appellant to deposit a sum of Rs. 2 crores is not liable to be sustained and is hereby set aside. 5. The rest of the conditions in the impugned order are sustained. 6. The appeal accordingly, stands allowed to that extent. Pending application(s), if any, stand disposed of. In another case, Makhijani Pushpak Harish v. State of Gujarat 2023 SCC Online SC 1170, the Apex Court has held as follows: 3. On being arrested on the basis of the complaint filed by the Superintendent (Prevention) of Central GST and Central Excise, Vadodara, for the offences punishable under sections 69, 132(1)(a) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ral appearing for the Union of India/State had fairly stated that such a condition cannot be imposed while granting bail. The statement made by the learned Additional Solicitor General is recorded in the judgment and order dated January 20, 2023. 9. The same view has been reaffirmed by this court in another similar case, Criminal Appeal No. 523/2023, Anatbhai Ashokbhai Shah v. State of Gujarat**. vide judgment and order dated February 17, 2023. 10. Facts of the present case being identical to the facts of the aforesaid two criminal appeals, we see no reason to deviate from the view taken in the aforesaid two cases. In another case, Karandeep Singh vs. CBI 2023 Live Law (SC) 482 the Apex Court has held as follows: The appellant in these proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpugned shall remain and would have to be complied with by the appellant for being enlarged on bail. The impugned orders dated 22.03.2023 and 28.03.2023 passed in Crl. Misc. Bail Application Nos. 12980 of 2023 and 12562 of 2023 are modified to the above extent. 5. The judgment in the case of Karandeep Singh (supra) was following the judgments of the Apex Court in the cases of Makhijani Pushpak Harish and Subhash Chouhan Vs. Union of India quoted (supra). The Apex Court clearly holds that direction to furnish a bank guarantee as a condition precedent for release on bail or continuance of bail, is on the face of it illegal. Therefore, the order of the concerned Court that directs the petitioner to furnish a bank guarantee, albeit, within thre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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