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2020 (11) TMI 438 - HC - Indian LawsGrant of Bail - Dishonor of cheque - bail to be granted on the condition of deposit 35% of the amount of ₹ 75,00,000/- imposed as fine by the learned Magistrate or not - HELD THAT:- Similar issue decided in the case of YATENDRA BHARDWAJ VERSUS STATE OF U.P. AND ANOTHER [2018 (5) TMI 2027 - ALLAHABAD HIGH COURT] where it was held that the Appellate Court may impose a condition while suspending the sentence, however, the power of imposing conditions is discretionary and the Court while suspending the sentence can always direct the applicant to deposit fine in the court but the amount of such condition must not be unreasonable, onerous and unjust so as to deprive the applicant from being released on bail. The orders passed by learned Sessions Judge Agra under Section 138 of N.I. Act, Police Station Hapur Kotwali, Distt. Hapur are hereby modified to the extent that the applicant shall deposit only 10% of the amount of fine of ₹ 75,00,000/- imposed by the appellate Court as a pre-condition for being released on bail and on furnishing a personal bond of ₹ 20,000/- and two sureties of the like amount to the satisfaction of the court concerned till the disposal of the appeal - application allowed in part.
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