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2017 Supreme(SC) 627

SUPREME COURT OF INDIA
A.K. SIKRI, ASHOK BHUSHAN, JJ.
Ashok Munilal Jain & Anr. – Appellants
VERSUS
Assistant Director, Directorate of Enforcement – Respondent
Criminal Appeal No. 566 of 2017
Decided On : 30-03-2017

Advocates appeared:
For the Appellant(s) : Ms. Preeti Singh, Adv.

The court has the authority to impose suitable conditions for grant of bail in the absence of the Trial Court.

Headnote:

Statutory Bail - Imposition of Conditions - The court allowed the appeal and granted statutory bail to the appellants, imposing conditions related to cooperation in the investigation, non-influence of witnesses, and furnishing of sureties.

Fact of the Case:

The appellants requested the court to impose suitable conditions for grant of bail as the Trial Court was closed.

Finding of the Court:

The court allowed the appeal and granted statutory bail to the appellants, imposing specific conditions for their release.

Issues: Imposition of suitable conditions for grant of bail when the Trial Court was closed.

Ratio Decidendi: The court has the authority to impose suitable conditions for grant of bail in the absence of the Trial Court.

Final Decision: The appeal was allowed, and the appellants were granted statutory bail with specific conditions imposed by the court.

ORDER

Taken up on mentioning.

2. Learned counsel for the appellants submits that statutory bail was granted by order dated 22nd March, 2017, of this Court with the directions that the conditions for bail shall be imposed by the Trial Court. She informs that in Tamil Nadu, the Court is closed till Monday, the 03rd of April, 2017. Therefore, request is made that this Court may itself impose suitable conditions for grant of bail.

3. Accordingly, paragraph 2 at page 4 of order dated 22nd March, 2017 in the instant appeal, i.e., Criminal Appeal No. 566 of 2017, shall be read as under:

    “This appeal is, accordingly, allowed and as a result thereof, the appellants shall be given the benefit of statutory bail and be released forthwith subject to the following conditions:

    (a) The appellants shall co-operate in the investigation.

    (b) The appellants shall not try to influence the witnesses or tamper with the records of the case.

    (c) The appellants shall furnish two sureties in the sum of Rs.50,000/- each with personal security in the same amount.”

4. Further, as stated by the learned counsel for the appellants that the Courts are closed, the bail bonds shall be accepted by the Jailor.

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