Statutory bail cannot be burdened with extraneous deposit conditions; a large cash deposit was struck down as beyond lawful limits.

Statutory bail under Section 167(2) of the Code of Criminal Procedure is triggered when the charge sheet is not filed within the prescribed period, and the accused acquires an indefeasible right to release if prepared to furnish bail. That right cannot be defeated by imposing harsh or extraneous conditions beyond the bail bond. A direction requiring deposit of Rs. 5 crores was held to be outside the scope of statutory bail, and the condition was set aside. The petitioner was therefore entitled to statutory bail without the onerous deposit requirement.

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Issues: Whether a condition requiring deposit of Rs. 5 crores could be imposed while granting statutory bail under Section 167(2) of the Code of Criminal Procedure, 1973.

Analysis: Statutory bail under Section 167(2) is triggered on failure to file the charge sheet within the prescribed period, and the accused then acquires an indefeasible right to be released on bail if prepared to furnish bail. The only requirement contemplated is furnishing of bail, and the right cannot be defeated by adding harsh or extraneous conditions unrelated to the bail bond. A condition demanding deposit of a large sum of money was therefore held to be beyond the scope of statutory bail.

Conclusion: The impugned condition directing deposit of Rs. 5 crores was set aside, and the petitioner was held entitled to statutory bail without such onerous condition.

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