TMI Blog2021 (2) TMI 973X X X X Extracts X X X X X X X X Extracts X X X X ..... se, an SLP was also preferred which has been dismissed by the Hon ble Supreme Court on 2.12.2019. However, a perusal of the same would show that the said SLP has been dismissed in limine and special leave was not granted and therefore, it does not lay down any law. However, on the other hand, the Hon ble Supreme Court in Surinder Singh Deswal and Ors. laid down the law in this regard by observing that if a condition of bail which was granted under Section 148 of the Act is violated and the amount is not deposited, then the bail is liable to be vacated. Petition dismissed. - CRM-M-3833-2021 (O&M)., CRM-M-4733-2021 (O&M)., CRM-M-4777-2021 (O&M)., CRM-M-41226-2019 (O&M).,CRM-M-41261-2019 (O&M)., CRM-M-41847-2019 (O&M). - - - Dated:- 10-2-2021 - HON'BLE MR. JUSTICE JASGURPREET SINGH PURI PRESENT Mr. Aditya Jain, Advocate, for the petitioners. Mr. Arav Gupta, Advocate, for the respondent. J ASGURPREET SINGH PURI, J. (ORAL) Through Video Conference This judgment shall dispose of a bunch of above noted six petitions in which the dispute is inter se between the petitioner M/s Ajju C.S. who is proprietor of a firm namely M/s Ajju Mines and Minerals Vic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ays is liable to be quashed. The petition (CRM-M- 41847 of 2019) was filed on the ground that it was an unreasonable condition which is imposed by the learned Appellate Court. On 17.2.2020, this Court passed interim order by observing that the petitioners are permitted to deposit 20% of the compensation amount latest by 17.3.2020. It was further directed that bail granted to the petitioners, in the circumstances, would not be cancelled provided that such amount is positively paid within the date fixed. Thereafter, on 11.12.2020, it was brought to the notice of this Court that till date the said amount has not been deposited and the learned counsel for the petitioners sought one week's time to get instructions. The matter was thereafter adjourned. Since the petitioner did not deposit 20% of the compensation amount by 17.3.2020, and there was no further interim order passed by this Court, the learned Appellate Court on 12.1.2021, passed a detailed order by giving background of the case and observed that the appellant (petitioner) was consistently disobeying the directions of the High Court contained in order dated 17.2.2020 and has not deposited 20% of the compensation a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that the learned appellate Court could not have imposed the condition of 20% as the condition was unreasonable in nature. He further submitted that due to non arrangement of money especially due to Covid 19 Epidemic, 20% of compensation amount could not be deposited. He, therefore, prayed for the grant of anticipatory bail as well as for quashing of order dated 12.1.2021, passed by the learned Appellate Court whereby his bail was cancelled on the ground of non-deposit of 20% of the compensation amount. Per contra, the learned counsel for the respondent has apprised this Court that the aforesaid judgment in Vivek Sahni and another (supra) stood distinguished in a later case by a Coordinate bench of this Court in Surinder Singh Deswal and Ors. Vs.Virender Gandhi, CRM-M- 37243-2019, whereby a bunch of 28 cases was decided. He referred to para 15 of the judgment of this Court in Surinder Singh Deswal and Ors. (supra) and contended that it was held in the aforesaid Sahni's case, that it is nowhere discernible that there was any order of cancellation of bail/suspension of sentence under challenge before the Coordinate Bench and therefore, question framed was purely ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded the sentence on a condition, after noticing noncompliance of the condition can very well hold that the suspension of sentence stands vacated due to noncompliance. The order of the Additional Sessions Judge declaring that due to non-compliance of condition of deposit of 25% of the amount of compensation, suspension of sentence stands vacated is well within the jurisdiction of the Sessions Court and no error has been committed by the Additional Sessions Judge in passing the order dated 20.07.2019. 19. It is for the Appellate Court who has granted suspension of sentence to take call on non-compliance and take appropriate decision. What order is to be passed by the Appellate Court in such circumstances is for the Appellate Court to consider and decide. However, non-compliance of the condition of suspension of sentence is sufficient to declare suspension of sentence as having been vacated. Learned counsel for the respondent has argued that in view of the law laid down by the Hon ble Supreme Court, once a bail was granted by the learned Appellate Court with a condition of deposit of 20% of the compensation amount within the stipulated time and the same was not deposite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the petitioner has already deposited ₹ 10 lacs and ₹ 11 lacs are remaining and therefore, he may be considered for the grant of anticipatory bail. However, from the facts of the present case, it can be seen that the petitioner was granted bail on 23.5.2019 on the condition of deposit of 20% of the compensation amount within 60 days which expired on 22.7.2019 and even thereafter more than 1 years has elapsed but the petitioner has not been able to deposit the requisite amount. The learned Appellate Court has also explained in detail the factual background with regard to the fact that the plea taken by the petitioner with regard to inability to pay the amount due to Covid -19 Epidemic could not be accepted because he has repeatedly sought time to deposit the said 20% of compensation amount. Consequently, this Court is of the considered opinion that once bail was granted to the petitioner on the condition of deposit of 20% within a period fo 60 days and thereafter a period of about 1 years has elapsed and the petitioner has not deposited 20% of the compensation amount, the learned Appellate Court was justified in cancelling the bail because express condition of b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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