9911796707
TMI Blog2024 (10) TMI 1163X X X X Extracts X X X X X X X X Extracts X X X X ..... A crime comes to be registered in Crime No.53/2021 against the petitioner for offences punishable under Sections 406, 465, 471 and 379 read with Section 34 of the IPC by one Dr. Kiran Kamala. The allegation is that the accused has misappropriated the funds of the organization and also thieved certain documents. The misappropriation was projected at Rs. 1,08,50,000/- in the account of one Vimukthi Trust. The police after investigation have filed a charge sheet against the petitioner in C.C.No.31039/2021. The petitioner then applies to enlarge the regular. The petitioner then applies to be enlarged on regular bail. The concerned Court grants regular bail, subject to certain conditions. The order granting bail reads as follows: "ORDER Bail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o.1388/2023 on the file of this Court dated 14.3.2023 is hereby modified. The petitioner shall furnish bank guarantee to the Trust to the tune of Rs. 50 lakhs instead of Rs. One crore. Condition No.6 of the bail order is here by relaxed. The other conditions of the bail order remain intact." Instead of Rs.one crore, the petitioner was directed to furnish a bank guarantee of Rs. 50/- lakhs. This is again sought to be modified by filing an application under Section 439(1)(b) of Cr.P.C. before the concerned Court. The Court, rejects the said application by the impugned order and therefore, the petitioner is before this Court, in the subject petition. 4. The issue is whether the Court would have imposed a condition of furnishing of bank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated that such a condition cannot be imposed while granting bail. 7. Considering the above facts and circumstances, in our considered opinion, the condition directing the appellant to deposit a sum of Rs. 70 Lakhs is not liable to be sustained and is hereby set aside. 8. The rest of the conditions in the impugned order are sustained." In another case, Anatbhai Ashokbhai Shah vs. State of Gujarat and another 2023 SCC Online SC 227, the Apex Court has held as follows: "2. Learned counsel for the parties are not at issue that the facts of this case are identical to one in Criminal Appeal No. 186 of 2023. 3. Since the facts are almost identical, we see no reason to deviate from the view taken in the said case vide judgment and order da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount of Rs. 3 crore by reducing it to Rs. 1.5 crore. * Reported as Makhijani Pushpak Harish v. State of Gujarat (2023) 115 GSTR 130 (Guj). 6. Such 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. 7. Reference may be made to an identical matter in Criminal Appeal No. 186/2023, Subhash Chouhan v. Union of India*, this court vide judgment dated January 20, 2023 set aside the order passed by the High Court imposing a condition of deposit while granting bail to the appellant there in. 8. It is also pertinent to note that in the said case, the learned Additional Solicitor General a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rat) in which 1 such a pre-condition of furnishing Bank Guarantee was held to be unsustainable. In that judgment, reference was made to an earlier decision of this Court in Criminal Appeal No. 186/2023 (Subhash Chouhan Vs. Union of India) delivered on 20.01.2023. In the light of the legal position explained in the aforesaid judgment of the co- ordinate Bench, we direct that the appellant shall not be required to comply with condition (1) contained in the orders of the High Court dated 22.03.2023 and 28.03.2023. Instead of the requirement of furnishing Bank Guarantee, we direct that the appellant shall furnish a bail bond for Rs. five lakhs in each of the two orders for bail, under appeal before us. Rest of the conditions contained in the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his is on the face of it illegal. Such orders being passed have generated lot of litigation. Therefore, I deem it appropriate to observe that the concerned Court shall not insist on furnishing of bank guarantee for release of the accused on grant of bail. Except this, the concerned Court would be free to impose any other legally tenable conditions. 8. For the aforesaid reasons, the following: ORDER i) The criminal petition is allowed. ii) The order dated 17.05.2024 rejecting the application filed under Section 439(1)(b) of Cr.P.C., is set aside. iii) The application filed under section 439(1)(b) of Cr.P.C., by the petitioner is allowed. iv) The order directing furnishing of bank guarantee of Rs. 50/- lakhs by the petitioner dated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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