SC sets aside onerous’ bail conditions imposed by Telangana HC in cheating case

New Delhi: The Supreme Court Thursday termed as “onerous” and quashed some of the anticipatory bail conditions
imposed by the Telangana High Court in a cheating case like asking the accused, one living in Vietnam, to appear twice a week at a police station, besides providing bank and property details.

A bench headed by Chief Justice D Y Chandrachud was unimpressed with the bail conditions imposed on the three accused, including a couple, one of them living in Vietnam and another in Bengaluru, that they will have to appear before the Telangana police on every Wednesday and Sunday till the filing of the charge sheet.

Once the charge sheet was filed, the accused were to appear before the SHO (Station House Officer) once a month every first Sunday till the completion of the trial/enquiry between 05.00 PM and 06.00 PM, the high court had said in its order passed on August 1, 2013.

The high court had also directed that the accused “shall not leave the state pending enquiry/trial without prior permission of the court of concerned magistrate/trial Judge.

The third impugned bail condition had directed the accused to furnish their complete address with property and bank account particulars.

“We find these conditions onerous in nature… These conditions are set aside,” said the bench, which also comprised Justices P S Narasimha and J B Pardiwala.

The court noted that one of the spouses works in Vietnam and another lives in Bengaluru, and seeking their presence twice in a week before the Telangana police was too troublesome.

The top court was hearing the appeal of A Nandaa Kumar and others against the high court’s order imposing certain conditions on them for grant of anticipatory bail in a cheating case.

The bench set aside the three bail conditions, saying the “rest of the high court order is not disturbed.”

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