Lawstreet Journal

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

Lawstreet Journal 19 May 2021 1:44am

Image courtesy: Lawstreet Journal Judiciary 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… Continue Reading...

Tagged: Bombay High Court  
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