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S. RAVINDRA BHAT, DIPANKAR DATTA
Yashik Jindal – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. condition of bail subjected to deposit. (Para 1 , 2) |
| 2. precedent against onerous bail conditions. (Para 3) |
| 3. setting aside bail condition. (Para 4) |
| 4. petitions allowed and applications disposed. (Para 5 , 6) |
ORDER
1. Heard learned counsel for the parties. We requested Mr. Jayant Sood, learned Addl. Soclicitor General, to assist the Court in the present petitions since there is no appearance on behalf of the respondent.
2. By the impugned order, the High Court imposed a condition of deposit of Rs. 2 crores upon the petitioners, for the grant of bail. They are accused of evading tax and derived the benefit of input-tax credit to the tune of Rs. 11.3 crores.
3. This Court has depracated imposition of such onerous conditions previously-notably in the recent order in “Subhash Chouhan v. Union of India” (Criminal Appeal No. 186 of 2023) decided on 20.01.2023.
4. Following the order in Subhash Chouhan v. Union of India, the condition requiring the petitioner to deposit Rs. 2 crores is hereby set aside. The Court is informed that the petitioner had borrowed sums of money and deposited the same. It is open for them to seek withdrawal/refund of such amounts. They shall, however
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....
Grant of bail – Condition to deposit huge amount cannot be imposed.
Imposing a financial deposit as a condition for bail is impermissible and criminal proceedings cannot be converted into recovery proceedings.
While granting bail, the Court should not impose onerous conditions.
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