Supreme Court reproaches imposing harsh conditions while granting statutory bails
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New Delhi: The Supreme Court has expressed strong disapproval over imposing harsh conditions while granting default bails by the lower courts.
The bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah pointed out that the only requirement for getting the default bail is that the accused is in jail for more than 60 or 90 days, as the case may be and the investigation is not completed and no chargesheet is filed within the said period.
The apex court was considering a bail order issued by Madras High Court which imposed a condition, while releasing an accused, to deposit Rs. 8,00,000 and to appear before the police officer every day at 10 am.
The Supreme Court on Thursday said that if the investigation is not completed within the stipulated time, the accused gets an "indefeasible right" to default bail once he applies for default bail.
Regarding the condition to appear in the police station every day, the court said that the direction is unsustainable as it is too harsh.
"Instead, condition which can be imposed is directing the appellant to cooperate with the investigating officer in completing the investigation and to remain present before the concerned police station for investigation/interrogation as and when called for, and on breach the investigating officer can approach the concerned court for cancellation of the bail on breach of such condition.", the court said.