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Issues: Whether stringent monetary and surety conditions can be imposed while granting default bail under Section 167(2) of the Code of Criminal Procedure, 1973.
Analysis: Default bail under Section 167(2) of the Code of Criminal Procedure, 1973 arises on the prosecution's failure to complete investigation and file the challan within the prescribed period. The right is statutory and indefeasible, and it is distinct from the Court's discretionary powers while considering regular bail under Sections 437, 438 and 439 of the Code of Criminal Procedure, 1973. Conditions that burden the exercise of that right, especially heavy deposit or security requirements linked to the alleged amount involved, frustrate the object of default bail and cannot be imposed as if the matter were one of discretionary release.
Conclusion: The stringent conditions requiring a substantial cash bond, multiple sureties, and a bank guarantee/FDR were impermissible and were set aside; the default bail order was modified accordingly in favour of the petitioner.
Ratio Decidendi: Default bail under Section 167(2) of the Code of Criminal Procedure, 1973 is an indefeasible statutory right and cannot be burdened with onerous monetary conditions that negate its exercise.
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