SARAVANAN versus STATE REP. BY THE INSPECTOR OF POLICE

Citation: [2020] 8 S.C.R. 1035 · Decided: 15-10-2020 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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[2020] 8 S.C.R. 1035
SARAVANAN
v.
STATE REP. BY THE INSPECTOR OF POLICE
(Criminal Appeal Nos. 681-682 of 2020)
OCTOBER 15, 2020
[ASHOK BHUSHAN, R. SUBHASH REDDY AND
M. R. SHAH, JJ.]
Code of Criminal Procedure, 1973 – s. 167 – Condition
imposed to deposit a sum on default/statutory bail – Sustainability
of – The High Court accepted the prayer of the appellant to release
him on the default bail/statutory bail u/s. 167(2) Cr. P.C., however,
considering the earlier undertaking given by the wife of the appellant
in the Court of the Magistrate while considering bail application
u/s. 437 Cr. P.C. i.e. to deposit Rs. 7,00,000/-, while releasing the
appellant on default bail/statutory bail, the High Court imposed
the condition that the appellant shall deposit a sum of
Rs.8,00,000/- before the Magistrate and was also directed to report
before the concerned police station daily at 10.00 a.m., until further
orders, for interrogation – On appeal, held: The High Court has
committed a grave error in imposing a condition that the appellant
shall deposit a sum of Rs. 8,00,000/- while releasing the appellant
on default bail/ statutory bail – The only requirement for getting the
default bail/statutory bail  u/s. 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 u/s. 167(2) Cr. P.C. – Thus, the condition imposed by
the High Court to deposit Rs. 8,00,000/-, while releasing the
appellant on default bail/ statutory bail is unsustainable and is
quashed – Also, the condition imposed by the High Court, namely,
directing the appellant to report before the concerned police station
at 10.00 a.m., until further orders, for interrogation is concerned,
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SUPREME COURT REPORTS
[2020] 8 S.C.R.
the same is also unsustainable as it is too harsh – Instead, the
appellant is directed 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.
Allowing the appeals, the Court
HELD: 1. 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? [Para 8][1041-E]
2. Considering the scheme and the object and purpose of
default bail/statutory bail, this Court is of the opinion that the
High Court has committed a grave error in imposing condition
that the appellant shall deposit a sum of Rs.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 Magistrate, the wife of the
appellant filed an affidavit agreeing to deposit Rs.7,00,000/-.
However, as observed by this Court in catena of decisions and
more particularly in the case of Rakesh Kumar Paul, where the
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, accused
gets an “indefeasible right” to default bail, and the accused
becomes entitled to default bail once the accused applies  for
default bail and furnish bail. Therefore, 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][1041-F-H; 1042-A-C]
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3. The circu

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