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2019 Supreme(SC) 1231

SUPREME COURT OF INDIA
ROHINTON FALI NARIMAN, SURYA KANT, JJ.
SURINDER SINGH ALAGH – Petitioner(s)
VERSUS
UNION OF INDIA & ORS. – Respondent(s)
Writ Petition (Criminal) No. 196 of 2019
Decided On : 02-08-2019

Advocates Appeared:
For the Petitioner(s):Krishnan Venugopal, Deepak Prakash, Pawan Dhabas, Nikhil Balan, Nachiketa Vajpayee, Divyangna Malik, Subhash Choudhary, Sree Devi, Raneev Dahiya, Dawneesh Shaktivats, Sidharth Sen, Advocates

The court has the discretion to grant bail but may impose conditions to ensure the accused's compliance with the law and prevent potential misconduct.

Headnote:

Bail Conditions - Criminal Law - The court granted bail to the petitioners subject to various conditions, including depositing a sum of money in the court's registry, surrendering passport, and complying with reporting requirements. The conditions aimed to ensure the petitioners' compliance with the law and prevent them from committing similar offenses or tampering with evidence.

Fact of the Case:

The court granted bail to the petitioners based on the reasons stated in the bail applications, subject to specific conditions.

Finding of the Court:

The court analyzed the bail applications and concluded that the petitioners should be released on bail with certain conditions to ensure their compliance with the law and prevent potential misconduct.

Issues: The main issue was whether the petitioners should be granted bail and under what conditions.

Ratio Decidendi: The court decided to grant bail to the petitioners but imposed strict conditions to prevent potential misconduct and ensure compliance with the law.

Final Decision: The court granted bail to the petitioners subject to specific conditions, including depositing a sum of money in the court's registry, surrendering passport, and complying with reporting requirements.

ORDER

1. Issue notice.

2. Tag the matters along with W.P. (Crl.) No. 132 of 2019.

I.A. No. 107832/2019 in W.P.(Crl.) No. 196/2019 I.A. No. 112636/2019 in W.P. (Crl.) No. 207/2019

3. For the reasons stated in the applications seeking bail, the petitioners be released on bail forthwith subject to the satisfaction of the CMM, Patiala House Court, on each furnishing a personal bond of Rs.1 lakh and one surety of the like amount. A sum of Rs.15 lakhs each will be deposited by the petitioners in the Registry of this Court within a period of six months from today which amount shall be kept in an interest bearing short-term fixed deposit of a nationalised Bank.

4. The conditions for grant of bail, inter alia, are as follows:

(1) That the accused shall not commit any offence similar to the offence of which he is accused;

(2) That the accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts to the Court or to any police officer or tamper with the evidence;

(3) That the accused shall join further investigation as and when required by the Investigating Officer or by the Enforcement Directorate;

(4) That the accused will deposit his passport with the Registry of this Court within a period of one week from today. If it is with the Pune Police, Cyber Cell or with any other authority, they shall deposit the aforesaid passport with the Registry of this Court within the aforestated period;

(5) That the accused shall not in any manner use any digital wallet in his name or in any of his associates’ name or do any trading or mining to misappropriate BITCOIN in any manner whatsoever.

(6) That the accused will report on every Monday of a week to the concerned Police Station at New Delhi.

The interlocutory applications stand disposed of.

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