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2021 (4) TMI 177 - GUJARAT HIGH COURTDefault of condition on which the bail was granted - within the statutory period provided the investigation could not be completed and complaint as provided under the provisions of GST Act was not filed against the applicant - Section 167(2) of the Code of Criminal Procedure - While considering the case for default bail of the applicant, whether condition can be imposed lime the condition imposed in the present case for depositing 50% of the amount for which prosecution was launched? HELD THAT:- Considering the language of Section 167(2) of the Criminal Procedure Code, i.e. on expiry of the statutory period to complete investigation, an indefeasible right is created in favour of the accused person entitling him to default bail once the accused applies for the default bail and shows his willingness to furnish bail, if any other condition is imposed, is to be treated beyond the jurisdiction of the Court concerned while exercising powers to grant default /statutory bail under Section 167(2) of the Criminal Procedure Code. The condition imposed under order dated 01.10.2020 passed by the Chief Judicial Magistrate, Vadodara, to the extent of directing deposit of 50% of the alleged amount of ₹ 9,43,50,223 is hereby ordered to be quashed and set aside - petition allowed.
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