Supreme Court Removes Rs. 50 Lakhs Bail Condition Imposed By High Court Despite Granting Bail To A Differently Abled Person

In the pertinent matter, it was averred before the High Court that the petitioner was suffering paralytic attack for the last five years and since then has not been able to perform his daily routine work without any assistance. Further due to his poor financial condition was unable to arrange the requisite amount, therefore was languishing in jail for the last two and half years. Being aggrieved by the denial of bail he approached the Apex Court. He is alleged to have committed offences under Sections 420, 467 and other provisions of the Indian Penal Code (IPC).

Accordingly, a bench of Justice S. Ravindra Bhat and Justice Aravind Kumar observed, “…The impugned order even while granting bail imposed a condition that the 1 petitioner should deposit Rs.50,00,000/- (Rupees Fifty Lacs) which he could not comply. As a consequence he has been incarcerated for the past nearly 3 years. The record discloses that the charge-sheet has been filed and the trial has commenced. In these circumstances, the petitioner is directed to be enlarged on bail without the condition imposed by the High Court”.

AOR Sarvam Ritam Khare appeared for the petitioner, and G.A. Abhimanyu Singh appeared for the respondent.

In the present matter, the petitioner had filed an application before the High Court under Section 439(2) read with Section 482 of CrPC for modification of the condition imposed upon him while granting bail through an order dated January 8, 2021 on the condition to deposit Rs.50 Lacs cash in the trial Court along with other conditions.

While highlighting the financial restrictions, it was thus submitted by the petitioner that he did not own any agricultural land and has only a mud-house (kachcha ghar) for his residence purpose and his bank account contains very less amount. It was also put forth that the condition imposed by the High Court is very strict and it is not possible for him to fulfil the conditions, therefore, he could not get the benefit of bail. Therefore, it was prayed that he may be allowed and the condition of depositing of Rs.50 Lacs may be modified and relaxed.

However, a bench of Justice Anil Verma in the impugned order dated January 4, 2023 observed, “Considering all the facts and circumstances of the case, nature and gravity of offence and also taking note of the fact that earlier also applicant has filed a petition under Section 482 of Cr.P.C. i.e. M.Cr.C.No.41080/2021 claiming the same relief i.e. modification of the order dated 08/01/2021 to the extent it relates to the condition of depositing Rs.50 Lacs in the trial Court. The same was dismissed by an order dated 01/09/2021 by this Court. After rejecting the earlier application applicant has filed this repeated application claiming the same relief”.

“It seems that the applicant has wrongly preferred this application under the provisions of Section 439(2) of Cr.P.C. Even for the sake of moment if it is presumed that this application is filed under Section 482 of Cr.P.C., then too such type of relief of modification of the condition imposed in the bail order cannot be granted because second petition under the same provision that too claiming the same relief is not maintainable before this Court”, the High Court had further observed in the impugned order.

Accordingly, the Apex Court while allowing the special leave petition disposed of all the pending applications.

Cause Title: Mohanlal Maliwad v. The State Of Madhya Pradesh