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2018 (11) TMI 1789 - HC - Indian LawsGrant of Statutory Bail - modification of condition of bail - Section 167(2) of Cr.P.C. - misappropriation of funds by inducing the defacto complainant on part with money - HELD THAT:- The petitioner was arrested and remanded to judicial custody on 06.07.2018. Since the respondent did not filed the charge sheet, the Court below enlarged the petitioner on statutory bail, as per the procedure contemplated under Section 167(2) Cr.P.C. While granting bail, the learned Magistrate imposed condition that the petitioner shall deposit a sum of ₹ 5 crores to the credit of Crime No. 453 of 2017, on the file of the respondent police - the only condition can be imposed, while granting anticipatory bail under Section 167(2) Cr.P.C. is that the accused persons shall be released on bail if he is prepared to and does furnish bail. Apart from that no other requirement is necessary for grant of statutory bail as per Section 167(2) Cr.P.C. In the case on hand, admittedly, the charge sheet has not been filed by the respondent police. Therefore the petitioner is entitled to be released on statutory bail under Section 167(2) Cr.P.C. When it being so, the right to be released under Section 167(2) Cr.P.C. is an indefeasible right and such a right cannot be extinguished by imposition of onerous conditions. The condition imposed that the petitioner shall deposit a sum of ₹ 5 crores to the credit of Crime No. 453 of 2017, is set aside - petition allowed.
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