TMI Blog2019 (1) TMI 918X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Court, and also that purpose of bail is to ensure the presence of petitioner during trial, it would be appropriate to release petitioner on bail subject to conditions imposed by this Court with further liberty to the trial Court to impose further conditions as ordered hereinafter - petitioner is ordered to be enlarged on bail. - Cr.MP(M) No. 1702 of 2018 - - - Dated:- 8-1-2019 - Mr. Justice Vivek Singh Thakur, J. For the Petitioner : Shri C.D. Negi, Advocate. For the Respondents : Mr. Shiv Pal Manhans Additional Advocate General with Mr.R.P.Singh and Mr. R.R.Rahi, Deputy Advocate General for respondent No.1 and Mr. Mukul Sood, Advocate ORDER VIVEK SINGH THAKUR, J.(ORAL) This petition has been preferred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Class, filed by persons belonging to one and same village against Ramesh Sharma for dishonouring of cheques issued to them by the petitioner against the payment to be made by him to them for their horticultural crops i.e. apples and in 18 cases he was not traceable and therefore, he was declared proclaimed offender in 18 cases out of 20 cases initiated against him by the respective complainants. All these cases, consigned to the record, on 25.7.2018 were recalled, revived and were listed on 15.11.2018. Thereafter, the petitioner was sent for judicial custody. In the meanwhile, petitioner has filed an application for enlarging him on bail, which stands rejected on 29.11.2018. 4. Thereafter, on 6.12.2018 petitioner has preferred presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the proceedings pending against him and he is ready to be abide by any condition imposed by this Court including the furnishing of separate bail bonds and local surety in each case. 6. Learned counsel for respondent No.2 has submitted that in any case if the petitioner is to be released on bail, then condition for depositing 20% of the cheque amount in the trial Court before proceeding further, as per mandate of the Apex Court, be imposed upon the petitioner before his release on bail. 7. Though it is submitted on behalf of the petitioner that though the cheque was issued by him, but on behalf of M/s Ramesh and Company. However, there is no material on record with respect to constitution/formation/registration of M/s Ramesh and Compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e trial Court to impose further conditions as ordered hereinafter. 9. Accordingly, petitioner is ordered to be enlarged on bail, subject to furnishing personal bond in the sum of Rs. One lac with one local surety in the like amount, having sufficient property to indemnify the bond furnished by him and petitioner to the satisfaction of the trial Court with further rider that such property should be free from all loans, charges, encumbrances etc. and shall not be subjected to alienation, transfer or creation of any charge during currency of surety furnished by him and also subject to further following conditions:- (i) That the petitioner shall make himself available before the trial Court on each and every date as and when required; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndition on the petitioner as it may deem necessary in the interest of justice. 11 In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, complainant/prosecution may approach the competent Court of law for cancellation of bail in accordance with law. 12. Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC/VIG/Misc.Instructions/93-IV.7139 dated 18.3.2013. Petition stands disposed of. 13. So far as the prayer of direction to deposit of 20% amount , in view of recent amendment in the statute,is concerned, the same shall be considered by the trial Court in consonance with the law of land and it would pas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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