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Supreme Court of India 2020-10-15 allowed

Saravanan vs State represented by the Inspector of Police

Bench: 3 — M.R. Shah

In Brief

An accused arrested for offences under IPC Section 420 sought default bail after 101 days when investigation remained incomplete. The High Court granted default bail but imposed conditions requiring deposit of Rs. 8 lakhs, relying on undertakings given during earlier regular bail proceedings. The Supreme Court held that while an accused has an indefeasible right to default bail under Section 167(2) CrPC once statutory periods expire, no deposit conditions can be imposed. Previous undertakings in regular bail cannot justify such conditions. The Court allowed the appeal, quashing the deposit condition and moderating the daily reporting requirement to reporting only when called by investigators.

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Criminal Procedure Default Bail Bail and Bonds Personal Liberty Investigative Procedure

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