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.

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 case of Susila Aggarwal vs. NCT of Delhi and another, reported in (2020) 2 SCC (Cri.) 721 to contend that in general way Court cannot impose the condition in bail matter. He further relied upon the judgment in the case of Saravanan vs. State Represented by the Inspector of Police, reported in (2021) 1 SCC (Cri.) 141 in support of his contention.

4. In the case of Saravanan (supra) the Apex Court has held as under : –

“Where the investigation is not completed within 60 days or 90 days, as the case may be, and no charge-sheet is filed by 60th or 90th day, the accused gets an “indefeasible right” to default bail, and the accused becomes entitled to default bail once the accused applies for default bail and furnish bail. Therefore, the only requirement for getting the default bail/statutory bail under section 167(2), Criminal Procedure Code is that the accused is in jail for more than 60 or 90 days, as the case may be, and within 60 or 90 days, as the case may be, the investigation is not completed and no charge-sheet is filed by 60th or 90th day and the accused applies for default bail and is prepared to furnish bail. No other condition of deposit of the alleged amount involved can be imposed. Imposing such condition while releasing the accused on default bail/statutory bail would frustrate the very object and purpose of default bail under section 167(2), Criminal Procedure Code.”

In para 11, Apex Court has held as under : –

“The circumstances while considering the regular bail application under section 437, Criminal Procedure Code are different, while considering the application for default bail/statutory bail. Under the circumstances, the condition imposed by the High Court to deposit Rs. 8,00,000/-, while releasing the appellant on default bail/ statutory bail is unsustainable and deserves to be quashed and set aside.”

5. On perusal of the impugned order dt. 22-6-2021, it can be seen that the Court below has granted the default bail/statutory bail under section 167(2) of Criminal Procedure Code but at the same time, imposed a condition of deposit of Rs. 10,00,000/- (Rupees Ten Lakh) each in the shape of Fixed Deposit, which is against the mandate of the Apex Court in the case of Saravanan (supra).

6. Accordingly, the impugned order dt. 22-6-2021 passed by the Court below is modified to the extent of deleting the condition of deposit of Rs. 10,00,000/- (Rupees Ten Lakh) by each of the petitioners in the shape of Fixed Deposit. Rest of the order dt. 22-6-2021 shall remain intact.

7. The Criminal Revision, accordingly, stands allowed to the extent indicated above.

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