Onerous cash surety conditions cannot defeat statutory bail; alternative sureties may be substituted to secure release.

An onerous cash surety condition attached to statutory bail was held unenforceable because it effectively defeated the petitioners' indefeasible right to release under Section 167(2) of the Code of Criminal Procedure, 1973. The Court accepted that the petitioners could not furnish cash in the prevailing circumstances and that a less burdensome mode of securing their appearance could be substituted. The cash deposit requirement was set aside, and release on bail was permitted on execution of personal bonds and furnishing of alternative sureties within the stipulated time.

---

---

Issues: Whether the cash surety condition imposed while granting statutory bail could be set aside as onerous and preventing the petitioners from enjoying the benefit of bail.

Analysis: Statutory bail had already been granted, but the petitioners could not be released because they were unable to comply with the cash deposit condition. The Court applied the principle that the indefeasible right under Section 167(2) of the Code of Criminal Procedure, 1973 cannot be defeated by imposing conditions that are so burdensome that they effectively nullify the grant of bail. The Court also took note of the inability to furnish cash in the prevailing circumstances and accepted that a less onerous mode of securing appearance could be substituted.

Conclusion: The cash deposit condition was set aside, and the petitioners were permitted to be released on bail on executing their own bond and furnishing alternative sureties within the time specified.

---