Kundan Singh vs Superintendent Of CGST And Central Excise - Bail - Onerous Conditions
Bail - Onerous Conditions - When Parties moving applications for anticipatory bail or for regular bail, voluntary offer is made by their counsel that the parties would deposit substantial amounts to show the bona fide and secure their liberty. The Courts’ hearing the bail applications are thereby foreclosed from considering the merits of the matter and orders are made recording the undertaking of counsel about willingness to deposit amounts and orders for anticipatory bails/bails are granted- Thereafter, grievance is made before the higher Courts that the condition imposed for bail is onerous and illegal- Deprecating this practice, SC observed: Cannot allow parties to play ducks and drakes with the Court.
Accused applies for bail and his counsel offers that parties would substantial amount.
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Courts then grant bail recording it and without going into merits.
Before Higher Courts, accused challenges this condition.
Supreme Court noticed this “ducks and drakes” play recently and… https://t.co/zF0Fr4Mpqz pic.twitter.com/Y8SVTsmqEu