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M. V. MURALIDARAN
Md. Salim – Appellant
Versus
The State of Manipur – Respondent
ORDER
1. I heard Mr. Th. Babloo, learned counsel for the petitioner and Mr. Y. Ashang, learned PP for the respondents.
2. The petitioner has challenged the order passed by the learned Special Court (ND&PS), Manipur in FIR No. 94(11)2019 HNG P.S. U/s 21 (b) ND&PS Act dated 19.09.2020.
3. According to the petitioner, he was arrested on 12.11.2019 by the Heikrumakhong Police Station for the allegation that the petitioner carried contraband drugs and remanded into police custody till 15.11.20219 by the Court and then to judicial custody. Since then he is in jail on the charge of carrying contraband drugs.
4. It is the further case of the petitioner that after completion of 180 days no charge sheet has been filed by the respondent police and hence, the learned Special Court (ND&PS), Manipur has passed the present impugned default bail order dated 19.09.2020 under Section 167(2) Cr.P.C. and the Learned Special Judge was pleased to release him on bail subject to his furnishing of a P.R. Bond of Rs. 2,00,000/- with two sureties of like amount. It has been further directed by the Court that the petitioner shall also deposit a sum of Rs. 1,00,000/- which will be refunded after conclusion of tria
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.
Excessive bail conditions infringe personal liberty and violate the constitutional right to a fair trial under Article 21.
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.
Onerous bail conditions cannot be imposed for statutory bail, and the court must consider only the requirement of whether the accused person is prepared to furnish bail.
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 ....
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