The Bombay High Court recently comprising of a bench of Justice Sarang V. Kotwal while disposing of a bail application dealing with the imposition of a fine of 25lakhs as a pre-condition for the grant of bail remarked that imposing a pre-condition to pay a sum of money for being released on bail is unreasonable. (Vijaykumar Deshraj Sethi v. Senior Police Inspector, Malegaon Camp police station, Malegaon and others)
Facts of the case
An FIR was lodged by the respondent wherein he stated that he was engaged in the medical profession and he wanted to purchase an MRI machine. The applicant told him that he was in a position to import an MRI machine which cost about one crore. The respondent entered into an agreement with the applicant. In furtherance of the agreement, the respondent initially paid him about 25 lakhs. Despite receiving the advance, the applicant did not supply the machine.
The Applicant has filed this application for modification of the bail condition imposed by Additional Sessions Judge-3, in connection with case mentioned above. The court vide that order, directed the Applicant to be released on bail on P.R. bond of Rs.1 Lakh with two separate solvent sureties in the like amount. More importantly the Applicant was directed to deposit Rs.25 Lakhs as a pre-condition for being released on bail. The Applicant being aggrieved by such condition filed the present application.
Contention of the Parties
The Learned Counsel for the Applicant invited my attention to the agreement executed between the Applicant and the informant in the year 2012. In that agreement itself there are various terms and conditions. The agreement also mentions receipt of Rs.25 Lakhs by the present Applicant.
Learned Counsel for the Applicant, therefore, submitted that, at the highest, it is a case of breach of contract for which the informant has civil remedy and no offence of cheating and misappropriation of property is made out.
He further submitted that the Sessions Court has reached a conclusion that the Applicant deserves to be released on bail and thereafter it was not permissible to impose the condition which was impossible to perform thereby practically denying him bail.
The Learned A.P.P., opposing the bail application submitted that the informant is deprived of his legitimate amount. However, she did not support imposition of the onerous condition in the operative part of the order granting bail to the Applicant based on various Supreme Court judgments.
Courts Observation & Judgment
The bench taking note of the pre-condition applied by the sessions court for granting the application noted, “Learned Judge had granted bail to the Applicant that means he had reached a conclusion that the Applicant deserves to be released on bail. In such a situation, imposing Rs.25 Lakhs as a pre-condition in the operative part was not permissible. There is absolutely no discussion in the order as to why such condition was imposed. It appears that since the FIR mentions that Rs.25 Lakhs were paid by the informant, the condition was imposed that Rs.25 Lakhs should be deposited. This is prejudging the issue without trial. It is well settled in different judgments of Hon’ble Supreme Court that such conditions should not be imposed.”
The bench referred to the case of Dataram Singh Vs. State of Uttar Pradesh and another, as reported in (2018) 3 SCC 22, where the Hon’ble Supreme Court has observed that the conditions for the grant of bail ought not be so strict as to be incapable of compliance, thereby making the grant of bail illusory.
Moreover, In the case of M.D. Dhanapal Vs. State represented by the Inspector of Police, as reported in (2019) 6 SCC 743, the Hon’ble Supreme Court in Paragraph-6 has observed that it is well settled that bail cannot be made conditional upon heavy deposits beyond the financial capacity of an Applicant for bail.
The bench imposing some conditions for granting bail disposed of the bail application. The bench remarked, “In this view of the matter, the condition of imposition of Rs.25 Lakhs at this stage, cannot be sustained.”
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