Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s. 167 – Conditionimposed to deposit a sum on default/statutory bail – Sustainabilityof – The High Court accepted the prayer of the appellant to releasehim on the default bail/statutory bail u/s. 167(2) Cr. P.C., however,considering the earlier undertaking given by the wife of the appellantin the Court of the Magistrate while considering bail applicationu/s. 437 Cr. P.C. i.e. to deposit Rs. 7,00,000/-, while releasing theappellant on default bail/statutory bail, the High Court imposedthe condition that the appellant shall deposit a sum ofRs.8,00,000/- before the Magistrate and was also directed to reportbefore the concerned police station daily at 10.00 a.m., until furtherorders, for interrogation – On appeal, held: The High Court hascommitted a grave error in imposing a condition that the appellantshall deposit a sum of Rs. 8,00,000/- while releasing the appellanton default bail/ statutory bail – The only requirement for getting thedefault bail/statutory bail u/s. 167(2), Cr. P.C. is that the accused isin jail for more than 60 or 90 days, as the case may be, and within60 or 90 days, as the case may be, the investigation is not completedand no chargesheet is filed by 60 th or 90 th day and the accusedapplies for default bail and is prepared to furnish bail – No othercondition of deposit of the alleged amount involved can be imposed– Imposing such condition while releasing the accused on defaultbail/statutory bail would frustrate the very object and purpose ofdefault bail u/s. 167(2) Cr. P.C. – Thus, the condition imposed bythe High Court to deposit Rs. 8,00,000/-, while releasing theappellant on default bail/ statutory bail is unsustainable and isquashed – Also, the condition imposed by the High Court, namely,directing the appellant to report before the concerned police stationat 10.00 a.m., until further orders, for interrogation is concerned,the same is also unsustainable as it is too harsh – Instead, theappellant is directed to cooperate with the investigating officer incompleting the investigation and to remain present before theconcerned police station for investigation/interrogation as and whencalled for. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2020 INSC 600 |
Petitioner | Saravanan |
Respondent | State Rep. By The Inspector Of Police |
SCR | [2020] 8 S.C.R. 1035 |
Judgement Date | 2020-10-15 |
Case Number | 681-682 |
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