unique case - conditional bail
sanjay
(Querist) 17 December 2010
This query is : Resolved
Dear experts,
This is a very unique case and we seek legal opinion .
A person is arrested by police on complaint of a person whose entire family is in police - at police station, he is kept the whole day and asked to write a statement that he owes Rs. 12 lakh to complainant and will pay it and settle it amicably. Police have filed FIR u/s 420 and 406 against the person . they tell him that he will be released if he makes this statement and is denied access to lawyers .
Police produce him before duty magistrate at 5 p.m. meanwhile his wife gets to know about this arrest and rushes to police station and to court and calls up a lawyer who comes directly to the magistrate court. The person gives undertaking before court without consulting his lawyer that he will settle and pay 12 lakhs in 7 days - court gives him interim bail .the complainant was paid 1 lakh immediately with the understanding that remaining 11 lakh will be paid within 7 days.
This amount that the complainant is demanding is extortion and for fearing of being remanded to judicial custody for even a single day , the person gave the undertaking before the court . He was not aware that he cannot approach court to amend terms of bail.
Regular bail application is pending before court and the person has offered to deposit the amount of 11 lakh before court and that he be allowed to prove his innocence and that this amount not be given to complainant pending trail. The complainant is contending that since conditional bail was given on the undertaking that accused person will pay 11 lakh , the accused cannot go back on his undertaking and if he does not pay up , his interim bail be cancelled and the accused be sent to prison.
There is heated argument going on between both parties and the matter is kept pending by the concerned judge - every 3 days interim bail is extended for more arguments and now the accused is in interim bail for more than 20 days .
Need help from experts regarding similar cases and any high court / supreme court judgement on such a matter.
sanjay
(Querist) 17 December 2010
sir, for the accused. he is ready to depsoit the money in court but he wants court go grant him regular bail and allow him liberty to prove his innocence.
Advocate. Arunagiri
(Expert) 17 December 2010
I think you have failed to give relevant information. What is the condition of the bail granted by the trial court?
No court will direct the accused to settle the amount before commencing the trial itself.
Approach HC.
Uma parameswaran
(Expert) 17 December 2010
Try extension of time for undertaking and if both the offences are compoundable then try for settle between the parties.
Devajyoti Barman
(Expert) 17 December 2010
The failure of the accused person to give the rest amount is no ground for rejection of bail. Have patience, his bail wll be confirmed.
s.subramanian
(Expert) 18 December 2010
Mr.Barman is right. No court has the power to prejudge the issue and direct such deposit of the amount. If the court insists on such deposit for granting bail, it is grossly illegal. Seeking bail is your statutory right. If any such embargo is placed upon it,you can laways object it very strongly and vociferously. Even if this court rejects,you can succeed in High court in the matter. Don't worry.
Arun Kumar Bhagat
(Expert) 19 December 2010
There are several judgments of Punjab & Haryana High Court published in all law journals in 2009.
sanjay
(Querist) 19 December 2010
Dear Mr Arun,
thanks for your reply . Can you pls. give me a link from where I can download such judgements that u have mentioned.
regards,
