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2013 (9) TMI 1265 - SC - Indian LawsImposing condition for depositing huge amount in fixed deposit for grant of anticipatory bail - Inability of the petitioner to comply with the condition - Within or outside the purview of Section 438 of the CrPC - Anticipatory bail u/s-438 CrPC - Nature and gravity of accusation - Onerous and unreasonable - HELD THAT:- While exercising power under Section 438 of the Code, the Court is under obligation to maintain balance between the individual’s right to personal freedom and the right of Police investigation. While granting relief under Section 438(1), appropriate conditions can be imposed under Section 438(2) so as to ensure an uninterrupted investigation but no condition can be imposed which gives reference to the fairness or propriety of the investigation or trial. So, the discretion of the Court while imposing conditions must be exercised with utmost restraint. Thus, fixed deposit of ₹ 1,00,00,000/- for a period of six months in the name of the complainant and to keep the FDR with the investigating officer as a condition for granting anticipatory bail is evidently onerous and unreasonable. Therefore, it was suggested that power to impose a condition of this nature is totally excluded, even in cases of cheating, electricity pilferage, white-collar crimes or chit fund scams etc. The words “any condition” used in the provision should not be regarded as conferring absolute power on a Court of law to impose any condition whatsoever. Any condition- interpreted as a reasonable condition acceptable in the facts permissible in the circumstance and effective in the pragmatic sense and should not defeat the order of grant of bail. Thus, Court held that the present facts and circumstances of the case do not warrant such extreme condition to be imposed. In the cas of Amarjit Singh vs. State of NCT of Delhi [2002 (1) TMI 1326 - SUPREME COURT] it was held that, "the imposition of condition to deposit the sum of ₹ 15 lacks in the form of FDR in the Trial Court is an unreasonable condition and, therefore, we set aside the said condition as a condition precedent for granting anticipatory bail to the accused/appellant.” In the result, the direction relating to deposit of FDR in the name of the complainant was set aside.
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