Supreme Court sets aside judgment, orders appellant's release on bail with bond and sureties.

The Supreme Court allowed the appeal, setting aside the impugned judgment and ordering the appellant's release on bail upon executing a bond of 25,000 with two solvent sureties, to the satisfaction of the Metropolitan Magistrate, Patiala House, New Delhi.

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Issues involved: Bail conditions, legality of bail cancellation, excessive bail amount, duration of custody without conviction.

Bail Conditions: The appellant was arrested for offences under Section 420 and 406 of the Indian Penal Code and granted bail by the Metropolitan Magistrate on unusual conditions, including a bond and sureties. One surety's cheques were dishonored, leading to the cancellation of bail and the appellant being taken back to prison.

Legality of Bail Cancellation: The complainant moved the court to cancel the bail due to dishonored cheques, and the appellant's subsequent attempts for relief from the Session Court and High Court were unsuccessful. The High Court dismissed his petition, leading to his continued detention.

Excessive Bail Amount: The Supreme Court questioned the initial bail conditions set by the Metropolitan Magistrate, deeming the requirement of a huge sum for release as onerous. The appellant's inability to pay the amount and subsequent lengthy detention without conviction raised concerns about the fairness and legality of the bail conditions.

Duration of Custody without Conviction: The Supreme Court highlighted the injustice of detaining the appellant for an extended period due to his inability to meet the bail conditions, especially when the court had not determined the veracity of the allegations in the FIR. Emphasizing that bail would normally be granted for the alleged offences, the Court ordered the appellant's release on revised bail terms.

Conclusion: The Supreme Court allowed the appeal, setting aside the impugned judgment and ordering the appellant's release on bail upon executing a bond of &8377; 25,000 with two solvent sureties, to the satisfaction of the Metropolitan Magistrate, Patiala House, New Delhi.

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