Supreme Court: Bail Condition To Furnish Bank Guarantee Unsustainable In Law

The Supreme Court in the case Karandeep Singh v CBI observed and has set aside the pre-bail condition which is imposed by the High Court for furnishing Bank Guarantee worth Rs. 2 Crore by the accused. Therefore, the court modified the condition by directing the Accused in order to deposit a bail bond for an amount of Rs. 5 Lakhs instead.
The bench comprising of Justice Aniruddha Bose and Justice Rajesh Bindal was hearing the present plea.
The bench in the case observed that instead of the requirement of furnishing Bank Guarantee, the said court directed that the appellant shall furnish a bail bond for Rs. five lakhs in each of the two orders for bail, under an appeal before the court. Thus, the rest of the condition contained in the orders impugned shall remain and would have to be complied with by the appellant for being enlarged on bail.
Facts of the Case:
In the present case, the High Court while hearing the plea moved of the Accused or Appellant, Mr. Karandeep Singh had imposed certain bail conditions, which includes furnishing of a Bank Guarantee of Rs. 2 Crores for being enlarged on bail. Therefore, the order of High Court was challenged before the Supreme Court and argued that furnishing of Bank Guarantee as a pre-bail condition is onerous. The Other bail conditions were not being challenged before the court.
The Appellant in the case placed reliance on the judgment in Makhijani Pushpak Harish v The State of Gujarat, wherein it has been held by the Supreme Court that a pre-condition of furnishing Bank Guarantee for grant of bail is unsustainable.
Verdict of Supreme Court:
The bench in the case observed and has ruled that in view of judgment in the case Makhijani Pushpak Harish v The State of Gujarat, thus, the Appellant is not required to comply with the condition of furnishing a bank guarantee. The court directed the Appellant to furnish the bail bond of Rs. 5 Lakhs and the remaining condition imposed by the High Court have not been modified.
Further, the bench in the case held that the said court direct the appellant shall furnish a bail bond for Rs. five lakhs in each of the two orders for bail, under an appeal made before us and rest of the conditions contained in the orders impugned shall remain and would have to be complied with by the appellant for being enlarged on bail.
Accordingly, the court disposed of the appeal.