SC will not grant bail of Rs 75L condition of suspect in the custody of four years, despite obtaining bail

New Delhi, Aug 16 : The Supreme Court has waived the requirement to deposit a cash security of 75 lakh rupees as a condition to bail for an accused who is facing trial for fraud and cheating in the Gautam Buddh Nagar district courtA bench of justices Sanjay Kishan Kaul and M.

M.Sundresh stated: "On examining the facts of the case, and more so that the defendant remains in custody after 4 years of the order of the court, we believe it appropriate to waive bail condition no.7(a) adopted in the criminal appeal.Application is accepted.

Application for other reasons is to be disposed of in accordance with." On August 12 the apex court was able to hear an application made by the accused via Namit Saxena an attorney for criminals, seeking to waive the requirement of depositing an additional amount of the amount of Rs.75 lakh, which was directed to be transferred by the highest court in the year 2018.Saxena has argued vehemently before the supreme court that it is common law that a burdensome condition cant be imposed while the bail is granted.

Despite all efforts the accused was unable get the amount of Rs 75 lakh as he was in the jail.Saxena said, "Sometimes, even if we dont like it, the process can be a punishment." The supreme court, following hearing arguments, waived the requirement to deposit the amount of Rs.75 lakh as an additional security, opening the way for the suspect to be released after four years.The suspect, Harsh Dev Thaku, was granted bail by the Allahabad High Court in 2018 with the condition of paying the amount of 50 lakh.

Bharat Star Services the plaintiff in the case, had contest the Allahabad High Courts order and sought to cancel of bail that was granted to the defendant.The highest court had ordered the deposit of the sum of the amount of Rs.75 lakh in addition to the amount of Rs 50 lakh ordered to be deposit by the Allahabad High Court while granting bail to the accused in the year 2018.Thakur was detained by the Noida Police on September 10 October, 2017.

ss/arm .