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Volume No - 11     Issue No - 23

Whether while releasing the appellant­accused 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?
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 Rs.8,00,000/­ while releasing the appellant on default bail/statutory bail. The circumstances while considering the regular bail
application under Section 437 Cr.P.C. are different, while considering the application for default bail/statutory bail. Under the circumstances, 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 deserves to be quashed and set aside.

Judgement as it is

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