Default bail cannot be burdened with a deposit condition once statutory requirements under criminal procedure are satisfied.

Default bail under Section 167(2) of the Code of Criminal Procedure, 1973 accrues once the statutory period for investigation expires without filing of the charge-sheet or complaint, and the accused satisfies the bail requirements. The bail court's role at that stage is limited to enlarging the accused on bail on compliance with the statute; it cannot add a condition requiring deposit of 50% of the alleged amount. Such a monetary condition is outside the statutory scheme for default bail and beyond the court's jurisdiction. The impugned deposit condition was therefore impermissible and was quashed, and default bail was to be granted without that condition.

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Issues: Whether, while granting default bail under Section 167(2) of the Code of Criminal Procedure, 1973, the Court could impose a condition requiring deposit of 50% of the alleged amount.

Analysis: Default bail under Section 167(2) accrues when the statutory period for completion of investigation expires without filing of the complaint or charge-sheet and the accused applies for bail while showing readiness to furnish bail. The right so created is an indefeasible right, and the bail court's power at that stage is confined to enlarging the accused on bail on satisfaction of the statutory requirements. A condition to deposit part of the alleged amount is not part of the statutory scheme for default bail and would travel beyond the jurisdiction exercised under Section 167(2).

Conclusion: The condition requiring deposit of 50% of the alleged amount was impermissible and was quashed.

Final Conclusion: The petitioner was entitled to default bail without the impugned monetary condition, and the petition succeeded to that extent.

Ratio Decidendi: While granting default bail under Section 167(2) of the Code of Criminal Procedure, 1973, no additional condition of deposit of the alleged amount can be imposed once the statutory requirements for default bail are satisfied.

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