Case Law Details
Neeraj Ramkumar Tiwari Vs State Of Gujarat (Gujarat High Court)
On 03.09.2020, the petitioner filed Criminal Misc.Application No.12831 of 2020 for bail under Section 439. However, pending the bail application, statutory period of 60 days for registering the complaint under the provisions of the GST Act had expired and therefore, on 28.09.2020, the petitioner preferred an application for default bail before the Court of Magistrate, Vadodara being Criminal Misc.Application No.2636 of 2020. Considering the provisions of Section 167(2), the Magistrate by order dated 01.10.2020, allowed the application for default bail, in view of the fact that within the period stipulated, the investigation was not completed and the complaint was not filed. However, while allowing the application for default bail, the Magistrate was pleased to impose condition of depositing an amount to the extent of 50% of the alleged amount for which prosecution was launched, i.e. Rs.9,43,50,223/-. The question therefore before the Court is, while considering the case for default bail of the applicant, whether condition can be imposed lime the condition imposed in the present case for depositing 50% of the amount for which prosecution was launched.
In view of the aforesaid and 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 while exercising powers to grant default /statutory bail under Section 167(2) of the Criminal Procedure Code.
In view of the aforesaid, condition imposed under order dated 01.10.2020 passed by the Chief Judicial Magistrate, Vadodara in Criminal Misc.Application No.2636 of 2020, to the extent of directing deposit of 50% of the alleged amount of Rs.9,43,50,223 is hereby ordered to be quashed and set aside.
FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT
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