The court has the discretion to modify onerous bail conditions based on the facts and circumstances of the case.

Headnote:
Bail - Cash Security - Modification of Condition
Fact of the Case:

The appellant appealed against the High Court's judgment imposing a condition to deposit cash security of Rupees two crores in the shape of fixed deposit STDRs for releasing him on bail.
Finding of the Court:

The court found the condition to deposit a sum of Rupees two crores as a condition for releasing him on bail to be onerous and modified it to a cash security of Rupees one crore in the shape of fixed deposit STDRs obtained from any nationalized bank.
Issues: Imposition of onerous cash security condition for bail
Ratio Decidendi: The court considered the facts and circumstances of the case and modified the condition based on the onerous nature of the original cash security requirement.
Final Decision: The appeals were disposed of with the modification of the cash security condition for bail.

ORDER :

S. Abdul Nazeer, J.

1. Leave granted.

2. In these appeals the appellant is aggrieved by the judgment and orders of the High Court of Orissa at Cuttack dated 9th February, 2017 and 6th January, 2017 in MCN No.42 of 2017 and BA No.4542 of 2015, imposing a condition to deposit cash security of Rupees two crores in the shape of fixed deposit STDRs for releasing him on bail.

3. Having heard learned senior counsel appearing for the appellant as well as learned counsel for the respondent, we are of the view that the direction to deposit a sum of Rupees two crores as a condition for releasing him on bail is onerous. Having regard to the facts and circumstances of the case, we direct him to furnish a cash security of Rupees one crore in the shape of fixed deposit STDRs obtained from any nationalized bank. Condition No.2 of the order of the High Court is modified to that extent. In all other respects, the judgment and order of the High Court is sustained.

4. The appeals are disposed of accordingly.

Click Here to Read the rest of this document

Judicial Analysis

2017 Supreme(SC) 383

SUPREME COURT OF INDIAJ. CHELAMESWAR, S. ABDUL NAZEER, JJ.Deepak Chandratan Pareek - AppellantVersusUnion of India Through CBI - RespondentCriminal Appeal Nos. 768-769 of 2017 (Arising out of S.L.P. (Crl.) Nos.1891-1892 of 2017)Decided On : 21-04-2017

The court has the discretion to modify onerous bail conditions based on the facts and circumstances of the case.

Judicial Analysis

SUPREME COURT OF INDIA
J. CHELAMESWAR, S. ABDUL NAZEER, JJ.
Deepak Chandratan Pareek - Appellant
Versus
Union of India Through CBI - Respondent
Criminal Appeal Nos. 768-769 of 2017 (Arising out of S.L.P. (Crl.) Nos.1891-1892 of 2017)
Decided On : 21-04-2017