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SUPREME COURT OF INDIA
Aniruddha Bose, Rajesh Bindal, JJ.
Karandeep Singh – Appellant
Versus
Central Bureau of Investigation – Respondent
Criminal Appeal Nos. 1711-1712 of 2023 (Arising out of SLP(Crl.) Nos. 5838-5839 of 2023)
Decided On : 09-06-2023
Fact of the Case:
The appellant challenged a condition of furnishing a Bank Guarantee as part of the bail conditions imposed by the High Court.Finding of the Court:
The court held that the condition of furnishing a Bank Guarantee was onerous and directed the appellant to furnish a bail bond instead.Issues:
Whether the condition of furnishing a Bank Guarantee for bail was sustainable.Ratio Decidendi:
The court relied on a judgment of a Co-ordinate Bench and held that such a pre-condition of furnishing Bank Guarantee was unsustainable, citing precedent from an earlier decision of the Supreme Court.Final Decision:
The impugned orders were modified, directing the appellant to furnish a bail bond instead of a Bank Guarantee. All other conditions remained in force.ORDER
1. Leave granted.
2. Heard learned counsel for the appellant and the learned Additional Solicitor General appearing for the CBI in both the appeals.
3. The appellant in these proceedings assails a part of the order, comprising of conditions granting him bail. One of the conditions imposed by the High Court is to the effect that the appellant is required to furnish a Bank Guarantee to the tune of Rs. two crores for being enlarged on bail. Both the orders under appeal carry identical condition. There are certain other conditions specified in the impugned order passed on 22nd March, 2023 and 28th March, 2023 but the appellant has made out no grievance as regards those conditions. The appellants argument is that such a condition is onerous.
4. Learned counsel for the appellant has relied on a judgment of a Co-ordinate Bench delivered in Criminal Appeal No. 1193 of 2023 (Makhijani Pushpak Harish Vs. The State of Gujarat) in which such a pre-condition of furnishing Bank Guarantee was held to be unsustainable. In that judgment, reference was made to an earlier decision of this Court in Criminal Appeal No. 186/2023 (Subhash Chouhan Vs. Union of India) delivered on 20.01.2023. In the light of the legal position explained in the aforesaid judgment of the coordinate Bench, we direct that the appellant shall not be required to comply with condition (1) contained in the orders of the High Court dated 22.03.2023 and 28.03.2023. Instead of the requirement of furnishing Bank Guarantee, we direct that the appellant shall furnish a bail bond for Rs. five lakhs in each of the two orders for bail, under appeal before us. Rest of the conditions contained in the orders impugned shall remain and would have to be complied with by the appellant for being enlarged on bail. The impugned orders dated 22.03.2023 and 28.03.2023 passed in Crl. Misc. Bail Application Nos. 12980 of 2023 and 12562 of 2023 are modified to the above extent.
5. The appeals stand disposed of in the above terms.
6. All connected applications shall also stand disposed of.
Imposing a bank guarantee as a bail condition is illegal, as established by the Supreme Court.
Bail – Imposition of condition for deposit of bank guarantee as a pre-deposit for bail is not proper.
Points of Law : If criminal proceedings are unwarranted, there can be no question of custody and in no circumstance can bail be made subject to the terms, which tantamount, in effect, to execution at....
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