Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(SC) 161

SUPREME COURT OF INDIA
ARUN MISHRA, AMITAVA ROY, JJ.
MANORANJANA SINH @ GUPTA – Appellant(s)
VERSUS
CENTRAL BUREAU OF INVESTIGATION – Respondent(s)
CRIMINAL MISC. PETITION No. 2807 OF 2017 IN CRIMINAL APPEAL NO(S). 240 OF 2017
Decided On : 15-02-2017

Advocates Appeared:
For Appellant(s) : Mr. A. Sharan, Sr. Adv., Mr. Amit Kumar,Adv., Mr. Prithvi Pal, Adv.
For Respondent(s) Mr. K. Raghava Charyulu, Adv.(Spl. P.P.), Mr. Kailash Pandey, Adv., Mr. K. V. Sreekumar,Advs.

The court has the authority to interpret and modify conditions for release on bail in the interest of justice.

Headnote:
Bail - Appellant's Release on Bail - Interpretation of Conditions
Fact of the Case:

The court considered a petition for modification of an order related to the release on bail of the appellant in a criminal case.
Finding of the Court:

The court allowed the appeal and ordered the appellant's release on bail upon furnishing a bond of Rs.1 crore and two sureties, with the relaxation of the requirement for a cash deposit and local sureties.
Issues: Interpretation of conditions for the appellant's release on bail, modification of the original order.
Ratio Decidendi: The court interpreted the conditions for the appellant's release on bail and relaxed the requirement for a cash deposit and local sureties.
Final Decision: The appeal was allowed, and the appellant was ordered to be released on bail upon fulfilling the specified conditions.

ORDER

1. After hearing learned counsel for the parties, we are of the considered opinion that paragraph 19 of the order passed by this Court on 6th February, 2017 be read as under:

“19. In the above view of the matter, the appeal is allowed and the appellant is ordered to be released on bail in FIR RC-04/S/2014-(SIT) Kolkata on furnishing bond of Rs.1 (One) crore and on furnishing two sureties each of the like amount to the satisfaction of the Additional Chief Judicial Magistrate Alipore, Kolkata, West Bengal and also subject to the following conditions.....”

2. We also make it clear that the appellant is not required to make a cash deposit of the aforesaid amount and execution of bond therefor would suffice. The requirement of local sureties is hereby relaxed as well.

3. Rest of the order remains intact.

4. Criminal Misc. Petition for modification stands disposed of accordingly.

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2017 Supreme(SC) 161

SUPREME COURT OF INDIAARUN MISHRA, AMITAVA ROY, JJ.MANORANJANA SINH @ GUPTA – Appellant(s)VERSUSCENTRAL BUREAU OF INVESTIGATION – Respondent(s)CRIMINAL MISC. PETITION No. 2807 OF 2017 IN CRIMINAL APPEAL NO(S). 240 OF 2017Decided On : 15-02-2017

The court has the authority to interpret and modify conditions for release on bail in the interest of justice.

SUPREME COURT OF INDIA
ARUN MISHRA, AMITAVA ROY, JJ.
MANORANJANA SINH @ GUPTA – Appellant(s)
VERSUS
CENTRAL BUREAU OF INVESTIGATION – Respondent(s)
CRIMINAL MISC. PETITION No. 2807 OF 2017 IN CRIMINAL APPEAL NO(S). 240 OF 2017
Decided On : 15-02-2017