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2020 (10) TMI 1249 - SC - Indian LawsGrant of default bail/statutory bail - condition of deposit of amount as imposed by the High Court, valid or not - HELD THAT:- The High Court has committed a grave error in imposing condition that the appellant shall deposit a sum of ₹ 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 ₹ 7,00,000/-. 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. - reliance placed in the case of RAKESH KUMAR PAUL VERSUS STATE OF ASSAM [2017 (8) TMI 1526 - SUPREME COURT]. Direction to appellant to report before the concerned police station daily at 10:00 a.m., until further orders, for interrogation - HELD THAT:- 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. The direction to appellant to deposit ₹ 8,00,000/- before the learned Judicial Magistrate, Court No.1, Nagercoil, Kanyakumari District, while releasing the appellant on default bail, is hereby quashed and set aside - the appellant shall co-operate with the investigating agency and shall report the concerned police station as and when called for investigation/interrogation and on non-cooperation, the consequences including cancellation of the bail shall follow - appeal allowed.
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