Mohammed Yousuf Qureshi vs. The State Of Telangana

Facts

The petitioner, Mohammed Yousuf Qureshi, an accused in a case involving the recovery of approximately 6 kgs of gold, filed a criminal petition seeking relaxation of bail conditions. The bail was granted by the Special Judge for Trial of Cases under the Economic Offences Act, Hyderabad, on December 3, 2021, with a condition that the petitioner execute a personal bond of Rs. 6,00,000/- with two sureties for the like sum. The petitioner argued that he was unaware of the gold's presence in the package handed to him and that as a butcher with limited financial capacity, he could not furnish the required sureties. He stated he was still in jail due to his inability to meet this condition.

Held

The High Court acknowledged that the petitioner was granted bail on December 3, 2021, but was languishing in jail due to his inability to fulfill the imposed condition. Considering the petitioner's submission regarding his financial incapacity to furnish the bond and sureties as originally stipulated, the Court deemed it appropriate to modify the condition. The Court reduced the amount of the personal bond from Rs. 6,00,000/- to Rs. 3,00,000/-, with the requirement of two sureties for the like sum, to be furnished to the satisfaction of the Court below. All other conditions of bail were to remain intact. The ratio decidendi is that bail conditions should be reasonable and achievable, considering the financial status of the accused, to ensure that bail is not rendered illusory.

Key Issues

1. Whether the condition imposed by the Special Judge for Trial of Cases under the Economic Offences Act, Hyderabad, requiring the petitioner to execute a personal bond of Rs. 6,00,000/- with two sureties for the like sum, is excessive and unfulfillable given the petitioner's financial capacity. Petitioner's arguments: The petitioner contended that he was unaware of the contents of the package he was asked to hand over, having received it from another individual in Dubai. He further argued that as a butcher, he lacked the financial capacity to furnish the stipulated bond and sureties. He highlighted that his inability to meet this condition was the sole reason for his continued incarceration despite the bail order. Respondent's arguments: The State, represented by the Special Public Prosecutor, argued that approximately 6 kgs of gold were recovered from the petitioner. They contended that given the initial stage of the investigation, the Special Judge was justified in imposing the condition.