TMI Blog2013 (9) TMI 1265X X X X Extracts X X X X X X X X Extracts X X X X ..... l 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. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f anticipatory bail cannot be construed as onerous. 6) We have carefully considered the rival contentions and perused all the relevant materials. 7) The only point for consideration in this appeal is whether the condition of depositing an amount of ₹ 1,00,00,000/- in fixed deposit for anticipatory bail is sustainable in law and whether such condition is outside the purview of Section 438 of the Code? 8) In order to answer the above question, it is useful to refer Section 438 of the Code which reads as under: 438. Direction for grant of bail to person apprehending arrest:- (1) Where any person has reason to believe that he may be arrested on accusation of having committed a nonbailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors, namely:- (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub- section (1). A reading of the above provision makes it clear that a person should not be harassed or humiliated in order to satisfy the grudge or personal vendetta of the complainant. The grant of bail under Section 438(1) of the Code is dependent on the merits and circumstances of a case. 9) A Bench of five-Judges of this Court in Shri Gurbaksh Singh Sibbia Ors. vs. State of Punjab (1980) 2 SCC 565, while dealing mainly with the question of considerations that can validly weigh with the courts while granting bail under Section 438, examined various facets of the issue and held as under: 26. We find a great deal of substance in Mr. Tarkunde's submission that since denial of bail amounts to deprivation of personal liberty, the Court should lean against the imposition of unnecessary restrictions on the scope of Section 438, especially when no such restrictions have been im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ramathal and Ors. vs. Inspector of Police and Anr. (2009) 12 SCC 721 and Sandeep Jain vs. National Capital Territory of Delhi Rep. by Secretary, Home Deptt. (2000) 2 SCC 66. 12) While exercising power under Section 438 of the Code, the Court is duty bound to strike a balance between the individual s right to personal freedom and the right of investigation of the police. For the same, while granting relief under Section 438(1), appropriate conditions can be imposed under Section 438(2) so as to ensure an uninterrupted investigation. The object of putting such conditions should be to avoid the possibility of the person hampering the investigation. Thus, any condition, which has no reference to the fairness or propriety of the investigation or trial, cannot be countenanced as permissible under the law. So, the discretion of the Court while imposing conditions must be exercised with utmost restraint. 13) The law presumes an accused to be innocent till his guilt is proved. As a presumably innocent person, he is entitled to all the fundamental rights including the right to liberty guaranteed under Article 21 of the Constitution. 14) We also clarify that while granting ..... X X X X Extracts X X X X X X X X Extracts X X X X
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