Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 404

SUPREME COURT OF INDIA
UDAY UMESH LALIT, INDIRA BANERJEE, K.M. JOSEPH, JJ.
SURESH KUKREJA - Appellant
VERSUS
STATE OF M.P. & ANR. - Respondent
CRIMINAL APPEAL NO.465 OF 2021 (@ out of SLP (Crl.) No. 6235/2020
CRIMINAL APPEAL Nos.466-467 OF 2021 (@ out of SLP (Crl.) Nos. 748-749/2021
Decided On : 04-05-2021

Advocates Appeared:
For the Petitioner: Mr. Kamlesh Vaswani, Adv. Mr. Manan Verma, AOR
For the Respondent: Mr. Saurabh Mishra, AAG Mr. Sunny Choudhary, AOR Ms. Anuradha Mishra, Adv.

IMPORTANT POINTSWhile granting bail, the Court should not impose onerous conditions.

Headnote:
Indian Penal Code, 1860 – Sections 120B, 406, 420 & 448 – Code of Criminal Procedure, 1973 – Section 439 – Application for Bail – The application allowed by the High Court with a condition the appellant would deposit National Saving Certificates in the sum of Rs.50 lakhs with the Trial Court – The condition imposed by the High Court is onerous (Para 9)
Facts of the Case:
On the basis of an FIR, a crime is under Sections 406, 420, 448 read with 120B of Indian Penal Code, 1860 and the appellant was taken in custody. He preferred an application before the High Court under Section 439 of the Code of Criminal Procedure seeking release on bail. The High Court vide the impugned order allowed the bail application with a condition that, the appellant would deposit National Saving Certificates in the sum of Rs.50 lakhs with the Trial Court. Hence this appeal.
Findings of the Court:
The condition imposed by the High Court while releasing the appellant on bail is onerous and the appellant deserves to be relieved of the condition.
Result: The appeal is allowed with a direction that, the money deposited by the appellant, pursuant to the directions issued by the High Court, shall be returned to the appellant within two weeks from the date of this order.

ORDER :

CRIMINAL APPEAL NO.465 OF 2021 (@ out of SLP (Crl.) No. 6235/2020

1. Leave granted.

2. This appeal challenges the judgment and order dated 28-05-2020 passed by the High Court of M.P. at Indore in MCRC No. 13869/2020.

3. In connection with crime registered pursuant to FIR No.0012of 2020 dated 15.01.2020 lodged with S.T.F. Police Station, Bhopal, Madhya Pradesh in respect of offences punishable under Section 406, 420, 448 read with 120B, the appellant was taken in custody on 21.01.2020. His application preferred under Section 439 of the Code of Criminal Procedure seeking release on bail was allowed by the High Court vide order dated 28.05.2020. However, the High Court imposed a condition to the effect that the appellant would deposit National Saving Certificates in the sum of Rs.50 lakhs with the Trial Court.

4. The condition was complied with and the appellant has been enjoying the relief of bail since 01.06.2020.

5. Submitting inter alia that the condition so imposed by the High Court is quite onerous and the appellant had to borrow money from market to comply with the condition, the instant appeal has been preferred.

6. Notice was issued to the respondent-State on 15.12.2020 and by further order dated 26.03.2021, notice was also issued to the original-complainant.

7. According to the office report, the original-complainant though served, has not chosen to enter appearance in the instant matter.

8. We have heard Mr. Kamlesh Vaswani, learned advocate in support of the appeal and Mr. Saurabh Mishra, learned AAG appearing for the State.

9. Considering the entirety of the matter, in our view, the condition imposed by the High Court while releasing the appellant on bail is definitely onerous and the appellant deserves to be relieved of the condition.

Ordered accordingly.

10. We therefore, allow this appeal and the order under challenge to the extent it imposed the condition of depositing Rs.50 lakh in the Registry of the Trial Court is set aside.

11. The money deposited by the appellant, pursuant to the directions issued by the High Court, shall be returned to the appellant within two weeks from the date of this order.

12. With the aforesaid directions, this appeal is allowed.

CRIMINAL APPEAL NOs.466-467 OF 2021 (@ out of SLP (Crl.) Nos. 748-749/2021 )

Leave granted.

13. These appeals challenge the judgment and orders dated 25-06-2020 and 25.08.2020 in M.Cr.C. No.17013 of 2020 and M.Cr.C. No.28256 of 2020 respectively passed by High Court of Madhya Pradesh at Indore.

14. In the case pertaining to Suresh Kukreja i.e. the father of this appellant, relief has been granted. The facts in this case are absolutely identical and for the reasons stated in the appeal concerning Suresh Kukreja, these appeals are allowed in same terms.

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