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SUPREME COURT OF INDIA
KRISHNA MURARI, B.V. NAGARATHNA, JJ.
Subhash Chouhan - Appellant
VERSUS
Union of India & Anr. - Respondents
Criminal Appeal No. 186 of 2023 (@ SLP (CRL.) No. 6640 of 2022)
Decided On : 20-01-2023
Criminal Procedure Code, 1973 – Section 439 – Grant of bail – Imposition of conditions – Direction to deposit huge amount under protest, in favour of Principal Commissioner, CGST – Such a condition cannot be imposed while granting bail – Condition directing appellant to deposit a sum of Rs.70 Lakhs is not liable to be sustained and hereby set aside – Rest of conditions in impugned order sustained. (Paras 4, 5 and 6)
Facts of the case:
Challenge in this appeal has been made to the Order dated 21.06.2022 passed by High Court of Chhattisgarh granting bail to appellant subject to conditions. One of conditions was that the appellant shall deposit a sum of Rs.70 Lakhs under protest, in favour of Principal Commissioner, CGST, Raipur within a period of 45 days from the date of his release. It is this condition, which is under challenge here.
Findings of Court:
Appeal accordingly, stand allowed to that extent. Pending application(s) shall stand disposed of.
Result : Appeal allowed.
Order
Leave granted.
2. Heard learned counsel for the parties.
3. The challenge in this appeal has been made to the Order dated 21.06.2022 passed by the High Court of Chhattisgarh granting bail to the appellant subject to conditions. One of the conditions was that the appellant shall deposit a sum of Rs.70 Lakhs under protest, in favour of the Principal Commissioner, CGST, Raipur within a period of 45 days from the date of his release. It is this condition, which is under challenge before us.
4. Learned counsel appearing for the appellant submits that the condition to deposit Rs.70 Lakhs within 45 days from the date of the release as a pre-requisite condition for the bail is not sustainable inasmuch as the First Information Report was in respect of wrongfully availing the Input Tax Credit of Rs.6,95,32,472/.
5. It is further submitted that there is no final assessment in this regard under the GST Act. Hence it cannot be presumed that the appellant is under a legal liability to pay the said amount.
6. As an officer of this Court, Mr. K.M. Nataraj, learned ASG appearing for the Union of India/State has fairly stated that such a condition cannot be imposed while granting bail.
7. Considering the above facts and circumstances, in our considered opinion, the condition directing the appellant to deposit a sum of Rs.70 Lakhs is not liable to be sustained and is hereby set aside.
8. The rest of the conditions in the impugned order are sustained.
9. The appeal accordingly, stand allowed to that extent. Pending application(s), if any, shall stand disposed of.
Grant of bail – Condition to deposit huge amount cannot be imposed.
conditions for grant of bail ought not to be so strict as to be incapable of compliance, thereby making a grant of bail illusory. The conditions while granting bail should be reasonable, so that it m....
Non-compliance with bail conditions and undertakings can lead to the cancellation of bail, emphasizing the importance of honoring commitments made to the Court.
Imposing a financial deposit as a condition for bail is impermissible and criminal proceedings cannot be converted into recovery proceedings.
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