Condition for bail
Ankit
(Querist) 07 May 2023
This query is : Resolved
My lawyer has shown willingness to deposit 20 lakhs for bail in a cheating case but in the conditions it is no where mentioned that I have to deposit the amount. Please suggest what should I do.
T. Kalaiselvan, Advocate
(Expert) 07 May 2023
No opinion can be rendered without seeing the contents of the orders passed by court.
You may revert with details for getting proper opinion
Advocate Bhartesh goyal 
(Expert) 07 May 2023
You have to follow the conditions imposed by court while granting you bail and nothing more.
P. Venu
(Expert) 08 May 2023
To my knowledge, the Supreme Court has held that no such onerous conditions could be imposed while granting bail.
It has been held in the case of Mithun Chatterjee v. State of Odisha-
"We are of the considered view that imposition of onerous conditions for grant of bail tantamount to denial of bail. Therefore, we set aside the order of the High Court relating to the condition imposed by the High Court directing the petitioner to provide cash security of Rs.20 lakhs and to furnish security of immovable property for Rs.20 lakhs"
Ankit
(Querist) 08 May 2023
ORAL ORDER
1. Leave to amend the the cause title is granted. Necessary amendment to be carried out forthwith.
2. The applicants are ready and willing to deposit Rs.40/- (Rs.20/- lakhs each) within a period of three months before the concerned trial court.
3. This application is filed by the applicants under Section 439 of the Code of Criminal Procedure for successive regular bail for the offences punishable under Section 66-D of the Information Technology Act and Section 3 of the GPID Act.
4. Learned considering the nature applicants, advocate for the applicants of offence and role the applicants may be imposing suitable submits that attributed to enlarged on conditions. the bail by regular
5. The learned APP opposes the grant of bail looking to the nature and gravity of offences. 6. Learned advocates appearing on on behalf of the respective for parties. further reasoned do not press order.
7. I have heard learned advocates appearing for the parties. and perused the papers of investigation.
8. the case and the FIR of the and circumstances. facts allegations made in the nature of and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is fit case enlarge discretion to to enlarge the applicants on application is allowed and the applicants be released on bail , on (Rupees Ten Thousand CELL, HIGH COURT OF GUJARAT Zone executing act in the action. a with only) like amount to the satisfaction of the trial Court and subject to the that the conditions. applicants;
[a] shall not take undue. advantage of liberty or misuse liberty;
[b] shall not the prosecution;
[c] shall surrender passport, if any, within a week; leave
[d] shall not the State of Gujarat without prior permission of the Sessions Judge conc
[e] shall of residence to the I.O. also execution. of residence furnish the present address the time of at the Court to and bond and shall not change without prior permission of Court;
9. The authorities. concerned shall release the applicants. connection with only any not required in if they are other offence for the time being. If breach of any of the above committed, the Sessions Judge concerned will be conditions. is free appropriate executed before. the try the case. to issue warrant or take in the Bail bond matter. to be lower court. having jurisdiction to It will be open for the concerned Court to any of the above delete, modify and/or relax conditions. in accordance with law. At the trial, the trial court shall not observations of preliminary nature, qua the evidence this at stage, made by this Court while enlarging. the applicants on bail. be influenced by the
10. Rule made absolute to the aforesaid extent.
As u can see It is nowhere mentioned in the conditions to deposit the amount. I have seen multiple orders, with willingness court always adds the condition that if the amount is not deposited within the stipulated time the Bail automatically gets cancelled. Please share opinions!
P. Venu
(Expert) 08 May 2023
Which Court? What is the Case No.?
Ankit
(Querist) 08 May 2023
Suggest me some remedy
Sudhir Kumar, Advocate
(Expert) 09 May 2023
You want o know a remedy without being able to convey the facts.
Anyway if you are aggrieved against this order then appeal to next court.
T. Kalaiselvan, Advocate
(Expert) 10 May 2023
There is no order as such directing the parties to deposit the said of amount of Rs. 20 lakhs each.
There is a mention that the applicants are ready to furnish the said amount but there is no order passed by the court to this effect.
In fact court has passed an order to deposit a sum of Rs. 10,000/- only and nowhere it is mentioned that the parties to deposit the huge amount as you have initially stated.
Therefore at the time of execution of the regular bail, you need to deposit only a sum to the extent of Rs. 10,000/- as security.
Ankit
(Querist) 10 May 2023
Will the court cancel Bail if unable to deposit Rs. 20 lakh
Sudhir Kumar, Advocate
(Expert) 10 May 2023
Please read trice (or even thrice) what Ld Mr Kalaiselvan has expressed.
Ankit
(Querist) 11 May 2023
I am really worried if I don't deposit the amount, the bail will get cancelled as the time is coming nearby.
Ankit
(Querist) 11 May 2023
Can the court in future direct me to deposit the amount because my counsel has given the words. Please state
Sudhir Kumar, Advocate
(Expert) 13 May 2023
You can consult any lawyer because in this forum you have been advised best what could be advised without facts.
The facts of the case you will not share.
