2025 (6) TMI 1792

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....bail, voluntary offer is made by their counsel that the parties would deposit substantial amounts to show the bona fide and secure their liberty. The Courts' hearing the bail applications are thereby foreclosed from considering the merits of the matter and orders are made recording the undertaking of counsel about willingness to deposit amounts and orders for anticipatory bails/bails are granted. 3. Thereafter, grievance is made before the higher Courts that the condition imposed for bail is onerous and illegal. We do nothing more than to notice the facts that have transpired in this case. 4. The petitioner is alleged to have committed offences under Sections 132(1)(a), 132(1)(i) and 132(5) of the Central Goods and Services Tax Act, 2....

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....er be released on bail on his executing a bond for a sum of Rs.10,000/-. This order was made on 08.05.2025. It was further directed that on breach of any of the aforesaid conditions, the Trial Court is entitled to take appropriate action. 6. On 12.05.2025, a prayer for modification was made before the High Court by filing Crl.M.P. No. 10067/2025. In the petition for modification, it was averred that the condition to deposit Rs. 50,00,000/- before his release was highly impossible due to the circumstances set out in the petition (i.e. pregnancy of his wife and the ill-health of his father) and all that was prayed was that Rs. 50,00,000/- also be directed to be made after his release within the time fixed by this Court in the original bail....

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....lso deferred to the point after the release of the petitioner. 10. We strongly deprecate this practice. If the offer for monetary deposit had not been made, at the outset, the High Court may have considered the case on merits and may have granted or may not have granted relief to the petitioner. Today the petitioner is approbating and reprobating. We are conscious of his rights under Article 21 of the Constitution of India, but we have to be equally conscious of the sanctity of the judicial process and cannot allow parties to play ducks and drakes with the Court. In this scenario, the only conclusion possible is that both, the original bail order of 08.05.2025 and the order of modification dated 14.05.2025 granting final relief, will hav....