SC: No condition of depositing alleged amount involved can be imposed in default bail

The Hon’ble Supreme Court, on 15th October 2020, in the matter of Saravanan v. State represented by the Inspector of Police, pronounced that no other condition of deposit of the alleged amount involved can be imposed while releasing the accused on default bail/statutory bail under Section 167(2), Cr.P.C.

The Hon’ble Supreme Court observed that:

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. (Para 9)

The accused is entitled to default bail/statutory bail, subject to the eventuality occurring in Section 167, Cr.P.C., namely, investigation is not completed within 60 days or 90 days, as the case may be, and no chargesheet is filed by 60th or 90th day and the accused applies for default bail and is prepared to furnish bail. (Para 9)

Copy of judgement: Judgement_15-Oct-2020

-Adv. Tushar Kaushik

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