No Condition of Depositing Money Can Be Imposed While Granting Default Bail: SC

The appellant in this instant petition was arrested and remanded to police custody till 31.01.2020. He was arrested for offences punishable under Section 420 of IPC.

The appellant was released on default bail by the Supreme Court which held that bail-in default was a right and no conditions can be imposed to get bail in default.

Brief Facts of the Case:-Saravanan Versus State represented by the Inspector of Police

The appellant filed a bail application before the Hon’ble Judicial Magistrate. Wife of the appellant filed an affidavit before the Court stating that they will pay Rs 7 Lakh, and the remaining amount will be paid on or before 06.04.2020. The total amount owed by the appellant was Rs. 15,67,338.

Appellant was released on bail by the order dated 03.02.2020. One of the conditions in the bail order was that the appellant would deposit Rs 7 lakh in the Court and the remaining amount Rs. 8.67 Lakh should be deposited on or before 06.04.2020.

Aggrieved, the appellant challenged the order before the High Court. His appeal was dismissed by the High Court and was asked to approach the Magistrate Court if he wants to get his bail order modified.

After that, the appellant applied for default bail before the Sessions Court and stated that he has been in jail for the last 101 days, and the investigation has not been completed. His application was dismissed. The Judge reasoned that he was granted regular bail based on some conditions, and even the High Court had instructed him to approach the Sessions Court if he wanted any modification; instead, he applied for default bail/statutory bail under Section 167(2), Cr.P.C., therefore, his application was dismissed.

Appellant moved the High Court again and prayed he should be released on default bail as it was his right, and the decision should not be based on his pleading before the Sessions Court. The High Court granted him bail but refused to modify two conditions, that he should deposit the said amount and report to the Police Station daily at 10 am. Aggrieved by the order, the appellant moved the Supreme Court.

Proceedings and Decision of the Supreme Court

The counsel for the appellant argued that the undertaking given by the wife to deposit the amount was in regards to regular bail; therefore, the right of the appellant for bail in default should not be prejudiced. Therefore he requested the Court to release the appellant.

Counsel for the respondent state has argued that the undertaking given by the wife is binding and that the decision of High Court was also correct.

Hon’ble Supreme Court held that the High Court had passed an incorrect order by imposing conditions on the appellant. It was opined that the appellant had a right to get default bail if the investigation was incomplete and the charge sheet was not filed by the 60th or 90th day.

The Supreme Court granted default bail to the appellant and quashed the condition to deposit Rs. 800000 lakh. The second condition was modified, and instead of reporting to the police station every day, the appellant was directed to cooperate with the Police and report to them as and when required.