Question of law arose
The short question which is posed for the consideration of this Court is, whether while releasing the appellant accused on default bail/statutory bail under Section 167(2), Cr.P.C., any condition of deposit of amount as imposed by the High Court, could have been imposed?
9. Having heard the learned counsel for the respective parties and considering the scheme and the object and purpose of default bail/statutory bail, we are of the opinion that the High Court has committed a grave error in imposing condition that the appellant shall deposit a sum of Rs.8,00,000/while releasing the appellant on default bail/statutory bail. It appears that the High Court has imposed such a condition taking into consideration the fact that earlier at the time of hearing of the regular bail application, before the learned Magistrate, the wife of the appellant filed an affidavit agreeing to deposit Rs.7,00,000/. However, as observed by this Court in catena of decisions and more particularly in the case of Rakesh Kumar Paul (supra) , where the investigation is not completed within 60 days or 90 days, as the case may be, and no chargesheet is filed by 60th or 90th day, 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), Cr.P.C. 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 chargesheet 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), Cr.P.C. As observed by this Court in the case of Rakesh Kumar Paul (supra) and in other decisions, the accused is entitled to default bail/statutory bail, subject to the eventuality occurring in Section 167, Cr.P.C., namely, investigation is not completed within 60 days or 90 days, as the case may be, and no chargesheet is filed by 60th or 90th day and the accused applies for default bail and is prepared to furnish bail.
Affidavit filed in regular bail cannot be a ground to impose condition in default bail
9.1 As observed hereinabove and even from the impugned orders passed by the High Court, it appears that the High Court while releasing the appellant on default bail/statutory bail has imposed the condition to deposit Rs.8,00,000/taking into consideration that earlier before the learned Magistrate and while considering the regular bail application under Section 437 Cr.P.C., the wife of the accused filed an affidavit to deposit Rs.7,00,000/. That cannot be a ground to impose the condition to deposit the amount involved, while granting default bail/statutory bail.
9.2. The circumstances while considering the regular bail application under Section 437 Cr.P.C. 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.
Condition to report before the police station daily is unsustainable
10. Now so far as condition no. (d) imposed by the High Court, namely, directing the appellant to report before the concerned police station daily at 10:00 a.m., until further orders, for interrogation is concerned, the same is also unsustainable, as it is too harsh. Instead, condition which can be imposed is directing the appellant to cooperate with the investigating officer in completing the investigation and to remain present before the concerned police station for investigation/interrogation as and when called for, and on breach the investigating officer can approach the concerned court for cancellation of the bail on breach of such condition.
11. In view of the above and for the reasons stated above, the present appeals succeed. Condition No. (b) of order dated 24.06.2020 passed by the High Court in Criminal OP(MD) No. 6214 of 2020, i.e., directing the appellant to deposit Rs.8,00,000/to the credit of crime No. 31 of 2019 before the learned Judicial Magistrate, Court No.1, Nagercoil, Kanyakumari District, while releasing the appellant on default bail, is hereby quashed and set aside. Condition no. (d), namely, directing the appellant to report before the concerned police station at 10:00 a.m. daily, until further orders for interrogation is hereby modified to the extent and it is directed that the appellant shall cooperate with the investigating agency and shall report the concerned police station as and when called for investigation/interrogation and on non-co-operation, the consequences including cancellation of the bail shall follow. Rest of the conditions imposed by the High Court in order dated 24.06.2020 are maintained.
Party
Saravanan vs. State represented by the Inspector of Police – CRIMINAL APPEAL NOS. 681 – 682 OF 2020 (Arising from S.L.P. (Criminal) Nos.4386-4387/2020) – OCTOBER 15, 2020.
https://main.sci.gov.in/supremecourt/2020/18016/18016_2020_37_27_24378_Judgement_15-Oct-2020.pdf
