Case Note & Summary
The petitioner, Abhishek s/o Ashok Malve, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 15-11-2021 passed by the learned Additional Sessions Judge, Shrirampur, District Ahmednagar, in Misc. Criminal Application No.04 of 2021. The impugned order rejected the petitioner's application under Section 440 of CrPC seeking relaxation of a condition imposed while granting anticipatory bail. The petitioner was involved in Crime No.347 of 2019 registered with Shrirampur City Police Station for offences punishable under Sections 406, 420, 465, 468 of the Indian Penal Code, 1860. He had filed Bail Application No.251 of 2020 for anticipatory bail under Section 438 of CrPC, which was allowed on 13-01-2021 with a condition (condition No.2) that he deposit 50% of Rs.3,02,258/- (i.e., approximately Rs.1,51,000/-) with the A.D.C.C. Bank, Branch Shrirampur, within 15 days, reserving his right of civil remedy. The petitioner, being a daily wage earner working in a goldsmith's shop earning Rs.300-400 per day, was unable to deposit the amount. He filed an application under Section 440 of CrPC for relaxation of this condition, which was rejected by the Sessions Court. The High Court, after hearing the parties, observed that the condition to deposit 50% of the alleged amount was onerous and the petitioner's inability to pay due to poverty was a valid ground for relaxation. The court held that Section 440 CrPC empowers the court to reduce the amount of bail or relax conditions. Accordingly, the High Court allowed the writ petition, set aside the impugned order, and modified the condition to deposit Rs.25,000/- instead of 50% of the amount. The court directed the petitioner to deposit Rs.25,000/- within four weeks from the date of the order.
Headnote
A) Criminal Procedure - Anticipatory Bail - Condition of Deposit - Section 438, 440 CrPC - The court considered whether a condition to deposit 50% of the alleged amount as a condition for anticipatory bail can be relaxed under Section 440 CrPC when the applicant is a daily wage earner unable to pay. Held that such condition is onerous and the court has power to relax it to ensure that bail is not rendered illusory. (Paras 1-10) B) Criminal Procedure - Relaxation of Bail Conditions - Section 440 CrPC - The court held that Section 440 CrPC empowers the court to reduce the amount of bail or relax conditions if the applicant is unable to comply due to financial constraints. The condition of deposit of 50% of the amount was set aside and substituted with a condition to deposit Rs.25,000/-. (Paras 8-10)
Issue of Consideration
Whether the condition imposed while granting anticipatory bail requiring deposit of 50% of the alleged amount can be relaxed under Section 440 of CrPC when the applicant is unable to comply due to poverty.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 15-11-2021, and modified the condition to deposit Rs.25,000/- instead of 50% of the amount. The petitioner was directed to deposit Rs.25,000/- within four weeks from the date of the order.
Law Points
- Anticipatory bail conditions
- relaxation of bail conditions
- Section 440 CrPC
- Section 438 CrPC
- onerous condition
- inability to deposit
- daily wage earner
- constitutional courts
- inherent powers
