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VIBHA KANKANWADI
Abhishek s/o Ashok Malve – Appellant
Versus
State of Maharashtra – Respondent
JUDGEMENT :
1. Rule. Rule made returnable forthwith. By consent, heard finally.
2. By invoking the Constitutional powers of this court under Article 227 of the Constitution of India and the inherent powers under Section 482 of the Code of Criminal Procedure, the petitioner challenges order dated 15-11-2021 passed by learned Additional Sessions Judge, Shrirampur, District Ahmednagar, in Misc.Cri.Appln. No.04 of 2021 thereby rejecting the application filed by the present petitioner under Section 440 of Cr.P.C. for relaxation of condition imposed in criminal bail application under Section 438 of Cr.P.C.
3. The present petitioner and others are involved in Crime No.347 of 2019 registered with Shrirampur City Police Station for the offence punishable under Section 406, 420, 465, 468 of Indian Penal Code. The petitioner/applicant had filed Bail Application No.251 of 2020 before learned Additional Sessions Judge, Shrirampur, District Ahmednagar, for anticipatory bail. That application came to be allowed on 13-01-2021 and condition No.2 was imposed thus :-
Conditions for anticipatory bail must be imposed with judicious application of mind, and the recovery of public money cannot be a condition for bail.
The court emphasized that bail conditions should serve the purpose of securing public money and should be appropriate to the facts and circumstances of the case.
The condition of depositing money as a prerequisite for grant of bail is not only unconscionable but also amounts to depriving the petitioner of his right to personal liberty under Article 21 of the ....
Onerous bail conditions requiring the accused to deposit large sums of money are disapproved by the Supreme Court and convert the criminal case into money recovery proceedings.
(1) Bail – Bail admittedly is a manifestation of right to personal liberty guaranteed under Article 21 of the Constitution. (2) Procedure established by law – Fundamental right cannot be deprived exc....
Grant of Pre-arrest bail (Anticipatory bail) – Conditions to be imposed must not be onerous or unreasonable or excessive – Tests for grant of anticipatory bail are well delineated and stand recognize....
The main legal point established in the judgment is that the conditions imposed for granting anticipatory bail under the Prevention of Money Laundering Act should be just, efficacious, and not excess....
The accused is entitled to default bail/statutory bail under Section 167(2) CrPC, subject to the conditions specified in the section. Imposing additional onerous conditions frustrates the purpose of ....
Bail conditions should not be so strict as to be incapable of compliance, making the grant of bail illusory.
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