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2023 (4) TMI 1064

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..... ch pre-condition of deposit of an amount or furnishing a bank guarantee has been the subject matter of consideration by this Court in a number of cases, where condition of pre-deposit has been held to be bad - Reference may be made to an identical matter in SUBHASH CHOUHAN VERSUS UNION OF INDIA ANR. [ 2023 (1) TMI 1168 - SC ORDER ] , this Court set aside the order passed by the High Court i .....

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..... or grant of bail by the Chief Judicial Magistrate and upheld by the High Court are hereby sustained. It is directed let the applicant be released on bail. The appeal, accordingly, stands allowed. - Hon'ble Mr. Justice Krishna Murari And Hon'ble Mr. Justice Ahsanuddin Amanullah For the Petitioner(s) : Mr. Bharat Rai Chandani, Adv., Mr. Deepak Kumar Khokhar, Adv., Mr. Aneesh Mitt .....

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..... r conditions. 5. Aggrieved by the imposition of condition for deposit of bank guarantee, as a pre-deposit for a bail, the appellant approached the High Court by filing Criminal Miscellaneous Application No. 710 of 2023 which came to be disposed of by the order dated 12.01.2023 impugned herein, whereby the High Court modified the condition of furnishing bank guarantee of an amount of Rs.3 crore .....

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..... licitor General is recorded in the judgment and order dated 20.01.2023. 9. The same view has been reaffirmed by this Court in another similar case, Criminal Appeal No. 523/2023, Anatbhai Ashokbhai Shah Vs. State of Gujarat Ors. vide judgment and order dated 17th February, 2023. 10. Facts of the present case being identical to the facts of the aforesaid two Criminal appeals, we see no rea .....

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