TMI Blog2020 (10) TMI 1249X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2020, the appellant approached the High Court by way of Criminal OP(MD) No. 6214 of 2020. The High Court dismissed the said application with liberty to the appellant to approach the Magistrate Court for any modification and observed that if any modification is required, the same may be considered by the Magistrate. That thereafter, the appellant filed an application before the learned Sessions Court being Criminal M.P. No. 1695/2020 to release the appellant on default bail/statutory bail under Section 167(2), Cr.P.C. It was the case on behalf of the appellant that he was arrested and remanded on 31.01.2020 and he is inside the jail for more than 101 days and the investigation is not completed and the police has not filed the final report within the period provided under Section 167 Cr.P.C. The said application came to be dismissed by the learned Sessions Court on the ground that earlier when the appellant applied for regular bail and which was allowed on condition to deposit ₹ 7,00,000/- in the Court and the same has not been complied with, and despite the liberty reserved by the High Court to approach the Magistrate Court for modification of the conditions, instead of doing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... half of the appellant has vehemently submitted that condition nos. (b) and (d) imposed by the High Court imposed while releasing the appellant on default bail/statutory bail under Section 167(2), Cr.P.C is contrary to the scheme of Section 167 of the Cr.P.C. It is submitted that as observed by this Court in catena of decisions, the scheme of Code of Criminal Procedure delineates that provisions of Section 167 Cr.P.C. give due regard to the personal liberty of a person. Without submission of charge sheet within 60 days or 90 days, as may be applicable, an accused cannot be detained by the Police. The provision gives due recognition to the personal liberty. It is submitted that as held by this Court in Rakesh Kumar Paul v. State of Assam, (2017) 15 SCC 67, where investigation is not completed within 60 days or 90 days, as the case may be, no chargesheet is filed on the 60th or 90th day, accused applies for default bail and is prepared to furnish bail, accused becomes entitled to default bail, it cannot be frustrated either by the prosecution or the Court. It is submitted that it is further held that accused need not make out any grounds for grant of default bail but only needs to sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd the learned counsel for the respective parties at length. 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 ₹ 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/-. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 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 ₹ 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 co-op ..... X X X X Extracts X X X X X X X X Extracts X X X X
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