TaxTMI 
TaxTMI 
TaxTMI 
2022 (2) TMI 1158
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....n before the learned trial Judge concerned. The above application was though allowed through an order made on 27.4.2021. However, the learned Chief Judicial Magistrate, Ludhiana, imposed the hereinafter extracted conditions, which are argued by learned counsel for the petitioner to be harsh, oppressive and exploitative, and also argued by him, to denude him of the benefit of the default bail as became accorded to him. The petition beoming aggrieved from the afore made order, made a challenge thereto, through his casting a revision bearing No.79 of 2021, before the Additional Sessions Judge, Ludhiana. The Additional Sessions Judge, Ludhiana, upon the afore revision, though proceeded to modify the conditions of default bail, as became imposed by the learned Chief Judicial Magistrate, Ludhiana, upon the petitioner, in as much as making a direction qua the accused, being admitted to bail, on his furnishing personal bail bonds to the tune of Rs. 40 lakhs each with two sureties in the like amount (one local), and also on his furnishing bank guarantee/FDR of Rs. 20 lakhs. "1. Accused shall furnish a bank guarantee/FDR for an amount of Rs. 60 lakh to be forfeited to the State in case of ....
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....with the conditions as become imposed upon him, thereupon his claim from this Court, to mitigate the rigour of the above made conditions upon him, by the learned Additional Sessions Judge, Ludhiana, cannot be accorded to him, rather the right as ensues to the petitioner, is of his applying for regular bail, before the Court concerned. He obviously argues for dismissal of the petition. The aforemade submission is founded upon references occuring in paragraph 12 of verdict (supra), relevant portion thereof is extracted herein below :- "XXXX......Personal liberty is one of the cherished objects of the Indian Constitution and deprivation of the same can be only in accordance with law and in conformity with the provisions thereof, as stipulated under Article 21 of the Constitution. When the law provides that the Magistrate could authorise the detention of the accused in custody upto a maximum period as indicated in the proviso to sub-section (2) of Section 167, any further detention beyond the period without filing of challan by the Investigating Agency would be a subterfuge and would not be in accordance with law and in conformity with the provisions of the Criminal Procedure Code, a....
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.... said period of 90 days or 60 days, as the case may be, an indefeasible right accrues in favour of the accused for being released on bail on account of default by the Investigating Agency in the completion of the investigation within the period prescribed and the accused is entitled to be released on bail, if he is prepared to and furnish the bail, as directed by the Magistrate. 4. When an application for bail is filed by an accused for enforcement of his indefeasible right alleged to have accrued in his favour on account of default on the part of the Investigating Agency in completion of the investigation within the specified period, the Magistrate/Court must dispose of it forthwith, on being satisfied that in fact the accused has been custody for the period of 90 days or 60 days, as specified and no charge-sheet has been filed by the Investigating Agency. Such prompt action on the part of the Magistrate/Court will not enable the prosecution to frustrate the object of the Act and the legislative mandate of an accused being released on bail on account of the default on the part of the Investigating Agency in completing the investigation within the period stipulated. 5. If the a....
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....ather exists in the instant case, inasmuch as there, is a constant agitation on the part of the petitioner, to cast challenge(s), upon the purported oppressive default bail conditions becoming untenably imposed upon him, by the learned Additional Sessions Judge concerned. Consequently, the afore made argument becomes not well rested, upon, verdict (supra) nor can be construed to be legally merit-worthy. 6. Be that as it may, it was imperative also for the petitioner, to disclose tangible evidence in display, that he is not possessed of adequate financial resources, and that hence he is disabled, to comply with the modified default bail conditions, as became imposed upon him, by the learned Additional Sessions Judge concerned, as a pre-condition for his availing the benefit of default bail. Prima facie lack of financial empowerment, would also become the relevant factor, in concluding that the conditions imposed are exploitative, oppressive and harsh, and, completely negate the effect, if any, of the indulgence of default bail, as becomes granted to the petitioner. 7. In the above context, the learned counsel appearing for the petitioner on instructions meeted to him by the latter....