38.6c New Delhi, India, Thursday, July 31, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Demanding a deposit of Rs. 22 lakhs for fraud is not a valid bail condition: Bombay High Court

By Shreyas Nair      18 May, 2021 08:14 PM      0 Comments
Demanding a deposit of Rs. 22 lakhs for fraud is not a valid bail condition: Bombay High Court

The High Court of Bombay recently overturned an Additional Sessions Judge's bail condition of depositing Rs. 22 lakhs because such an onerous provision for bail could not be maintained. 

Since three other defendants in the fraud case had already been given bail, the High Court granted the convicted bail based on parity, though with the same terms as other bails.

While hearing the bail application of Mohammadali Saiyyed, a bench of Justice Sarang Kotwal was told by Lawyer Dr Abhinav Chandrachud that the Additional Sessions Judge, Malegaon had granted bail to the accused on (August 21, 2020) and that in the operative part of the order, his client was ordered to deposit Rs 22 lakh before the magistrate as a condition precedent for his release on bail.

Dr Chandrachud said that his client had first sought bail from a judicial magistrate first class because the charge sheet had not been filed in the time allotted, which the magistrate had granted. However, before Saiyyed could meet the magistrate's bail requirements of depositing Rs 50,000 as a personal bond and providing solvent sureties in the same sum, the police lodged a charge sheet with the court.

According to the indictment, Saiyyed and three others posed as officials of a Gujarat-based financial company and received Rs 22 lakh in commission from a developer named Manmad for handling a loan worth Rs 5 crores. Following the denial of the loan, a lawsuit was filed at the developer's request, and the four were convicted. Although the other three were awarded bail by the HC, Saiyyed was the last to be released because he was the fraud's mastermind.

Dr Chandrachud told the High Court that the additional sessions judge's requirement precedent had been deprecated by the Supreme Court and that because his client could not come up with the money, Saiyyed's right to be released on bail had been frustrated. In light of these arguments, he requested that the bail condition be lifted and that the court award Saiyyed bail.

The complainant's lawyer objected to the plea, claiming that Saiyyed had two passports and could flee if freed on bail. While the condition of depositing Rs. 22 lakh for release on bail was onerous, the state's additional public prosecutor stated that Saiyyed could not be released on bail on merits.

After hearing the arguments, the bench agreed with Dr Chandrachud that the precedent provision was onerous and that it was prejudging the disputes between the parties without a trial. This requirement is based on the assumption that the FIR contains all of the facts and that no further proof is needed. This solution is clearly not acceptable.

The bench then overturned the precedent condition and awarded Saiyyed bail on the condition that he appear at the concerned police station on the first Monday of each month and be present during the trial, and dismissed the case.

Within four days after receiving the bail warrant. Following that, Saiyyed went to the Additional Sessions, Judge.



Share this article:



Leave a feedback about this
TRENDING NEWS

a-new-dawn-in-indias-criminal-justice-system-replacing-colonial-shackles-with-indigenous-legal-reforms
Trending Vantage Points
A New Dawn in India’s Criminal Justice System: Replacing Colonial Shackles with Indigenous Legal Reforms

This research paper examines India’s transition from IPC, CrPC, and IEA to BNS, BNSS, and BSA, emphasizing victim-centric and technology-driven justice reforms.

30 July, 2025 12:41 PM
your-conduct-does-not-inspire-confidence-sc-reserves-judgment-on-justice-yashwant-varmas-plea
Trending Judiciary
‘Your Conduct Does Not Inspire Confidence’: SC Reserves Judgment on Justice Yashwant Varma’s Plea

CJI can recommend removal of a judge in cases of grave misconduct, SC says; clarifies CJI isn’t a mere post office & Parliament has final say.

30 July, 2025 04:14 PM

TOP STORIES

allegations-against-rahul-gandhi-indicated-deliberate-spreading-of-hatred-up-govt-tells-sc
Trending Executive
Allegations against Rahul Gandhi indicated deliberate spreading of hatred, UP govt tells SC

UP govt tells SC that Rahul Gandhi’s Savarkar remarks show deliberate hate-mongering; supports summons citing prima facie case under Sections 153A & 505 IPC.

25 July, 2025 01:45 PM
sc-raps-ktka-hc-on-manner-of-granting-bail-to-actor-darshan-in-murder-case
Trending CelebStreet
SC raps Ktka HC on manner of granting bail to actor Darshan in murder case

SC slams Karnataka HC for granting bail to actor Darshan in murder case, calls reasoning flawed and akin to acquittal; reserves order on state’s plea.

25 July, 2025 01:49 PM
sc-to-examine-inordinate-delay-in-judges-appointments
Trending Judiciary
SC to examine inordinate delay in judges appointments

SC to examine Centre’s delay in appointing judges despite Collegium reiteration; pleas allege 4-year lag affects judicial seniority and interest.

25 July, 2025 02:50 PM
sc-refuses-stay-on-udaipur-files-tells-petitioners-to-approach-delhi-hc
Trending Judiciary
SC refuses stay on 'Udaipur Files'; tells petitioners to approach Delhi HC

SC refuses to stay ‘Udaipur Files’ release; asks petitioners to approach Delhi HC over certification, says no views expressed on film’s merits.

25 July, 2025 03:37 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email