Bombay High Court Sets Aside Lower Court's Order Directing Man To Deposit ₹25 Lakh As Pre-Condition For Bail

The Bench of Justice Sarang V. Kotwal was hearing an application filed by on Vijaykumar Deshraj Sethi for modification of the bail condition imposed by ASJ, Malegaon in HIS Criminal Bail Application

The lower Court had directed him to be released on bail on P.R. bond of Rs.1 Lakh with two separate solvent sureties in the like amount, and further, he was also directed to deposit Rs.25 Lakhs as a pre-condition for being released on bail.

Being aggrieved by such condition, he filed the instant application for the modification of Bail Condition.

Facts in brief

The FIR was lodged by one Vilas Chordia who was in the medical profession and he wanted to purchase an MRI machine.

The Applicant represented to him that he was in a position to import an MRI machine and he had quoted the price of Rs.1,15,00,000/-. The informant entered into an agreement with the Applicant on January 15, 2012.

The informant initially paid Rs.20 Lakhs in the Applicant's bank account and thereafter paid Rs.5 Lakhs for that purpose.

However, in spite of getting that amount, the machine was not supplied by the Applicant and the informant was deprived of his money, therefore, an FIR was lodged. 8399042425

His Counsel submitted that the Sessions Court had reached a conclusion that the Applicant deserved to be released on bail and thereafter it was not permissible to impose the condition which was impossible to perform thereby practically denying him bail.

Court's observations

The Court noted that there was no denial that the informant had paid Rs.25 Lakhs and had not received the machine and it was a subject matter of an agreement and if there had been a breach of any of the terms in the agreement, the civil remedy is very much available with the informant. There is some force in the submission that it is purely a civil dispute. However, this can be examined during trial.

Further, the Court noted that the Applicant was already in custody since 26^th November 11.2019 and that the Applicant was granted bail by the Additional Sessions Judge vide order dated 8^th January 2020.

Importantly, the Court observed,

"Therefore, for more than one year and three months the Applicant was unable to avail of that order because of the onerous pre-condition of depositing Rs.25 Lakhs…imposing Rs.25 Lakhs as a pre-condition in the operative part was not permissible. There is absolutely no discussion in the order as to why such condition was imposed."

The Court also remarked,

"It appears that since the FIR mentions that Rs.25 Lakhs were paid by the informant, the condition was imposed that Rs.25 Lakhs should be deposited. This is prejudging the issue without trial. It is well settled in different judgments of Hon'ble Supreme Court that such conditions should not be imposed."

Lastly, noting that the condition of imposition of Rs.25 Lakhs at this stage, cannot be sustained, the Court directed to release him on bail furnishing a PR bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one or two local solvent sureties in the like amount.

Case title - Vijaykumar Deshraj Sethi v. Senior Police Inspector, Malegaon Camp police station, Malegaon and others

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