Back
S. A. DHARMADHIKARI
PANKAJ – Appellant
Versus
STATE OF M. P. – Respondent
ORDER : – This Criminal Revision under section 397 read with section 401 of Criminal Procedure Code has been filed by the petitioners being aggrieved with the order dt. 22-6-2021, whereby the Court below allowed the application under section 167(2) of Criminal Procedure Code on a condition to deposit Rs. 10,00,000 (Rupees Ten Lakh) by each of the petitioners before the trial Court.
2. Learned counsel for the petitioners submitted that since the respondent did not file the charge sheet within the specified period, therefore the petitioners had moved an application under section 167(2) of Criminal Procedure Code before the trial Court, which was allowed vide order dt. 22-6-2021 but with a condition to deposit Rs. 10,00,000/- (Rupees Ten Lakh) by each of the petitioners in the shape of Fixed Deposit before release.
3. Learned counsel for the petitioners further submitted that the trial Court erred in directing the petitioners to deposit Rs. 10,00,000/- (Rupees Ten Lakh) each since no condition on deposit can be made while granting default bail/statutory bail. In support of his contention, learned counsel for the petitioners relied upon the judgment in the case of Apex Court in the cas
No condition of deposit of the alleged amount involved can be imposed while granting default bail/statutory bail under section 167(2) of Criminal Procedure Code.
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 ....
No conditions of deposit of alleged amount can be imposed while releasing the accused on default bail/statutory bail under Section 167(2) Cr.P.C.
The discretion of the court to impose conditions for bail under Section 167(2) Cr.PC should be exercised based on the nature of the offence and the specific circumstances of the case.
Default bail is a statutory right of an accused and cannot be denied by imposing stringent conditions that cannot be complied with.
No monetary bond conditions permissible on statutory/default bail under S.167(2) BNSS to protect indefeasible right.
Point of Law : Applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the cour....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
