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SUPREME COURT OF INDIA
ASHOK BHUSHAN, R. SUBHASH REDDY, M.R. SHAH, JJ.
Saravanan – Appellant
Versus
State represented by the Inspector of Police – Respondent
Criminal Appeal Nos. 681-682 of 2020 (Arising from S.L.P. (Criminal) Nos.4386-4387 of 2020)
Decided On : 15-10-2020
Criminal Procedure Code, 1973 – Section 167(2) – Default bail/statutory bail – Grant of default bail/statutory bail on condition to deposit Rs.8, 00,000/- – Non-submission of charge-sheet within prescribed period – Where investigation is not completed within 60 days or 90 days, as the case may be, and no charge-sheet is filed by 60th or 90th day, accused gets an indefeasible right to default bail and accused becomes entitled to default bail once accused applies for default bail and furnish bail – Only requirement for getting default bail/statutory bail under Section 167(2), Cr.P.C. is that accused is in jail for more than 60 or 90 days, as the case may be, and within 60 or 90 days, as the case may be, investigation is not completed and no charge-sheet is filed by 60th or 90th day and accused applies for default bail and is prepared to furnish bail – No other condition of deposit of alleged amount involved can be imposed – Imposing such condition while releasing accused on default bail/statutory bail would frustrate very object and purpose of default bail under Section 167(2), Cr.P.C. – Circumstances while considering regular bail application under Section 437 Cr.P.C. are different, while considering application for default bail/statutory bail – Condition imposed by High Court to deposit Rs.8,00,000/- while releasing appellant on default bail/ statutory bail is unsustainable and deserves to be quashed and set aside – Instead, condition which can be imposed is directing appellant to cooperate with investigating officer in completing investigation and to remain present before concerned police station for investigation/interrogation as and when called for, and on breach investigating officer can approach concerned court for cancellation of bail on breach of such condition – Rest of conditions imposed by High Court maintained. (Paras 9, 9.2, 10, 11 and 12)
Facts of the case:
Feeling aggrieved and dissatisfied with impugned order in Criminal O.P.(MD) passed by Madurai Bench of Madras High Court, by which High Court has released appellant on default bail/statutory bail, on condition to deposit Rs.8,00,000/- , original accused has preferred present appeals. Short question which is posed for the consideration of this Court is, whether while releasing the appellant-accused on default bail/statutory bail under Section 167(2), Cr.P.C., any condition of deposit of amount as imposed by High Court, could have been imposed?
Findings of Court:
Accused is entitled to default bail/statutory bail, subject to the eventuality occurring in Section 167, Cr.P.C., namely, investigation is not completed within 60 days or 90 days, as the case may be, and no charge-sheet is filed by 60th or 90th day and the accused applies for default bail and is prepared to furnish bail.
Result : Appeals allowed.
JUDGMENT :
M.R. SHAH, J.
Leave granted.
2. Feeling aggrieved and dissatisfied with the impugned order dated 24.06.2020 in Criminal O.P.(MD) No. 6214 of 2020 and order dated 27.07.2020 in Criminal M.P.(MD) No. 3622 of 2020 passed by the Madurai Bench of the Madras High Court, by which the High Court has released the appellant on default bail/statutory bail, on condition to deposit Rs.8,00,000/-(Rupees Eight Lakhs only) to the credit of crime No. 31 of 2019 before the learned Judicial Magistrate, Court No.1, Nagercoil, Kanyakumari District, the original accused has preferred the present appeals.
3. That the appellant herein was arrested and remanded to the judicial custody on 31.01.2020 for the offences punishable under Section 420 of the IPC in Crime No.31 of 2019 on the file of the D.C.B. Police Station, Kanyakumari District. That the appellant herein filed an application before the learned Judicial Magistrate seeking bail under Section 437 Cr.P.C. That the wife of the appellant filed an affidavit before the learned Magistrate and assured to pay Rs.7,00,000/-(Rupees Seven Lakhs only) and the balance amount to be paid on or before 06.04.2020, against the alleged amount of Rs.15,67,338/-(Rupees Fifteen lakhs Sixty Seven thousand Three hundred thirty eight only). Therefore, by order dated 3.2.2020, the learned Magistrate released the appellant on bail on the conditions stated in the said order. One of the conditions was directing the appellant to deposit Rs.7,00,000/- in the Court, and the balance amount of Rs. 8,67,338/- was directed to be deposited on or before 06.04.2020.
4. Feeling aggrieved and dissatisfied with condition nos. 2 and 3 of the order passed by the learned Magistrate releasing the appellant on bail, i.e., directing the appellant to deposit Rs.7,00,000/-, out of the total alleged amount of Rs.15,67,338/- and the balance to be deposited on or before 6.4.2020, the appellant approached the High Court by way of Criminal OP(MD) No. 6214 of 2020. The High Court dismissed the said application with liberty to the appellant to approach the Magistrate Court for any modification and observed that if any modification is required, the same may be considered by the Magistrate. That thereafter, the appellant filed an application before the learned Sessions Court being Criminal M.P. No. 1695/2020 to release the appellant on default bail/statutory bail under Section 167(2), Cr.P.C. It was the case on behalf of the appellant that he was arrested and remanded on 31.01.2020 and he is inside the jail for more than 101 days and the investigation is not completed and the police has not filed the final report within the period provided under Section 167 Cr.P.C. The said application came to be dismissed by the learned Sessions Court on the ground that earlier when the appellant applied for regular bail and which was allowed on condition to deposit Rs.7,00,000/- in the Court and the same has not been complied with, and despite the liberty reserved by the High Court to approach the Magistrate Court for modification of the conditions, instead of doing so, the appellant has filed an application for default bail/statutory bail under Section 167(2), Cr.P.C., therefore, the learned Sessions Court dismissed the said application.
5. Feeling aggrieved, the appellant approached the High Court and prayed to release the appellant on default bail/statutory bail. It was the case on behalf of the appellant that non-deposit of any amount which was required to be deposited pursuant to the order passed by the learned Magistrate, imposed while releasing the appellant on regular bail under Section 437, Cr.P.C., shall not come in the way of the appellant-accused in getting default bail/statutory bail under Section 167(2), Cr.P.C. It was submitted that the default bail/statutory bail under Section 167(2), Cr.P.C. is mandatory bail, provided the conditions in Section 167 Cr.P.C. are satisfied, i.e., investigation is not completed and the chargesheet/report is not fil
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