Law Web: Supreme Court: The Court should not direct accused to furnish bank guarantee as condition for releasing him on bail

Learned counsel for the appellant has relied on a judgment

of a Co-ordinate Bench delivered in Criminal Appeal No. 1193 of

2023 (Makhijani Pushpak Harish Vs.The State of Gujarat) in which

such a pre-condition of furnishing Bank Guarantee was held to be unsustainable. In that judgment, reference was made to an

earlier decision of this Court in Criminal Appeal No. 186/2023

(Subhash Chouhan Vs. Union of India) delivered on 20.01.2023.

In the light of the legal position explained in the aforesaid

judgment of the co-ordinate Bench, we direct that the appellant

shall not be required to comply with condition (1) contained in

the orders of the High Court dated 22.03.2023 and 28.03.2023.

Instead of the requirement of furnishing Bank Guarantee, we

direct that the appellant shall furnish a bail bond for Rs. five

lakhs in each of the two orders for bail, under appeal before

us. Rest of the conditions contained in the orders impugned

shall remain and would have to be complied with by the appellant for being enlarged on bail.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS. 1711-1712 OF 2023

KARANDEEP SINGH Vs CBI

Dated: JUNE 09, 2023.

Leave granted.

Heard learned counsel for the appellant and the learned

Additional Solicitor General appearing for the CBI in both the

appeals.

The appellant in these proceedings assails a part of the

order, comprising of conditions granting him bail. One of the

conditions imposed by the High Court is to the effect that the

appellant is required to furnish a Bank Guarantee to the tune of

Rs. two crores for being enlarged on bail. Both the orders

under appeal carry identical condition. There are certain other

conditions specified in the impugned order passed on 22nd March,

2023 and 28th March, 2023 but the appellant has made out no

grievance as regards those conditions. The appellant’s argument

is that such a condition is onerous.

Learned counsel for the appellant has relied on a judgment

of a Co-ordinate Bench delivered in Criminal Appeal No. 1193 of

2023 (Makhijani Pushpak Harish Vs.The State of Gujarat) in which

such a pre-condition of furnishing Bank Guarantee was held to be

unsustainable. In that judgment, reference was made to an