Issues
- Whether the imposition of condition for deposit of bank guarantee, as a pre-condition for bail is sustainable?
Held
- Such pre-condition of deposit of an amount or furnishing a bank guarantee has been the subject matter of consideration by this Court in a number of cases, where condition of pre-deposit has been held to be bad.
- The same view has been reaffirmed by this Court in another similar case, Criminal Appeal No. 523/2023, Anatbhai Ashokbhai Shah Vs. State of Gujarat & Ors. vide judgment and order dated 17th February, 2023.
- Following the reasons given in the aforesaid judgments and orders, we are of the considered opinion that pre-condition of furnishing bank guarantee imposed by the High Court is not liable to be sustained and is hereby set aside.
Relevant Para No.
- 6, 9, 11