Imposition of any condition is to be treated beyond the jurisdiction of the Court concerned while exercising powers to grant default /statutory bail under Section 167(2) of the Criminal Procedure Code.
Section 132 of the CGST Act, 2017— Bail —Conditions imposed– The appellant filed petition against order dated 01.10.2020 passed by the Chief Judicial Magistrate, Vadodara, whereby, while enlarging the applicant on bail (on default bail), a condition was imposed to deposit an amount of 50% of the total amount of Rs. 9,43,50, 223/-, which was alleged to be defaulted. The applicant counsel submitted that the Court was exercising its power under Section 167(2) of the Code of Criminal Procedure as within the statutory period provided the investigation could not be completed and complaint under the provisions of Act was not filed. He relied upon the decision of the Apex Court in the case of Saravanan Vs. State represented by the Inspector of Police, reported in (2020) 9 SCC 101, wherein it was held that there cannot be a ground to impose the condition to deposit the amount involved, while granting default bail/statutory bail. The petitioner on 28.09.2020, preferred an application for default bail before the Court of Magistrate. The court relied upon the decision of the Apex Court and observed that considering the language of Section 167(2) of the Criminal Procedure Code, i.e. on expiry of the statutory period to complete investigation, an indefeasible right is created in favour of the accused person entitling him to default bail once the accused applies for the default bail and shows his willingness to furnish bail, if any other condition is imposed, is to be treated beyond the jurisdiction of the Court concerned.
Held that:- The Hon’ble High Court allowed the application and quashed the direction/condition for deposit of 50% of the alleged amount.