Gujarat High Court ruled that courts cannot impose any condition that amounts to exercising powers under a different enactment while exercising powers under section 439 CrPC. The court hence directed to delete the bail conditions imposed by the trial court on the petitioner stating that trial courts should exercise powers carefully.
An application was filed by the petitioner seeking regular bail in an FIR charged against him with sections 406, 420, 114 and 120(B) of the IPC. Also, the petitioner was charged under section 3 of the Gujarat Protection of Interest of Depositors (In Financial Establishments) Act of 2003 (the 2003 Act).
Single Bench of Justice Justice Niral R Mehta said that any conditions imposed on the bail shouldn’t be beyond the jurisdiction of the court. In this case, the trial court in the petitioner’s application under section 439 CrPC allowed bail under the two following conditions:
- Within two weeks of release, the petitioner has to submit a bank guarantee of Rs 33,06,695.
- If the IO fails to recover the amount, the bank guarantee will be forfeited in the State’s favour.
Justice Mehta observed that the trial court has ultimate power under section 10(6) of the Gujarat Protection of Interest of Depositors (In Financial Establishments) Act of 2003 to pass any order. But the aforesaid conditions imposed by the trial court under section 439 CrPC are not correct.
