Legal Question in Criminal Law in

This is a very unique case and we seek legal opinion .
A person is arrested by police on complaint of a person whose entire family is in police - at police station, he is kept the whole day and asked to write a statement that he owes Rs. 12 lakh to complainant and will pay it and settle it amicably. Police have filed FIR u/s 420 and 406 against the person . they tell him that he will be released if he makes this statement and is denied access to lawyers .
Police produce him before duty magistrate at 5 p.m. meanwhile his wife gets to know about this arrest and rushes to police station and to court and calls up a lawyer who comes directly to the magistrate court. The person gives undertaking before court without consulting his lawyer that he will settle and pay 12 lakhs in 7 days - court gives him interim bail .the complainant was paid 1 lakh immediately with the understanding that remaining 11 lakh will be paid within 7 days.
This amount that the complainant is demanding is extortion and for fearing of being remanded to judicial custody for even a single day , the person gave the undertaking before the court . He was not aware that he cannot approach court to amend terms of bail.
Regular bail application is pending before court and the person has offered to deposit the amount of 11 lakh before court and that he be allowed to prove his innocence and that this amount not be given to complainant pending trail. The complainant is contending that since conditional bail was given on the undertaking that accused person will pay 11 lakh , the accused cannot go back on his undertaking and if he does not pay up , his interim bail be cancelled and the accused be sent to prison.
There is heated argument going on between both parties and the matter is kept pending by the concerned judge - every 3 days interim bail is extended for more arguments and now the accused is in interim bail for more than 20 days .
Need help from experts regarding similar cases and any high court / supreme court judgement on such a matter.

Asked on 12/17/10, 8:12 pm

Shrichand Nahar S.V.Nahar, Advocate

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Crucial question would be whether there existed any legal and/or enforceable liability as on the date of undertaking before the Court.

If there was no legal and/or enforceable liability, then the understaking is irrelevant and can not be condition of bail.

Answered on 12/18/10, 9:54 pm

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