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Supreme Court of India 2020-10-15 allowed

Saravanan vs State represented by the Inspector of Police

Bench: 3 — Ashok Bhushan, R. Subhash Reddy, M.R. Shah

In Brief

An accused arrested and remanded in custody is entitled to default/statutory bail under Section 167(2) of the Criminal Procedure Code once the statutory investigation period (60 or 90 days) expires without a chargesheet being filed, provided he applies for bail and is willing to furnish it. The Supreme Court held that no conditions imposing deposit of alleged amounts can be imposed while granting default bail, as such conditions would frustrate the statutory purpose. Additionally, conditions imposed during regular bail proceedings cannot be carried forward to default bail orders. Harsh conditions like daily police station reporting for interrogation were modified to require only general cooperation with investigators and attendance when called.">

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Criminal Procedure Default Bail Statutory Bail Bail Conditions

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