Please Log in / Register to access the full text of this judgment and the entire database
(2021) Law Today Live Doc. Id. 16526
Decided on: 12.11.2021
For Petitioner(s):
Mr. Ashok Kumar Panigrahi, Adv. Mr. Gautam Laha, Adv. Mr. Sanjeev Kumar, AOR
For Respondent(s):
Mr. Suvendu Suvasis Dash, AOR
Indian Penal Code, 1860 (45 of 1860), Sections 467, 468, 471, 420, 120B -- Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (43 of 1978), Sections 4, 5, 6 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 439 -- Onerous conditions for grant of bail – Legality of -- An application for bail was allowed by the High Court subject to the petitioner depositing cash of Rs.20 lakhs and providing security of immovable property to the tune of Rs.20 lakhs – Held, imposition of onerous conditions for grant of bail tantamount to denial of bail -- Order of the High Court relating to the conditions set aside.
(Para 1-3)
ORDER
1. The petitioner is accused in a criminal case for committing offence under Sections 467, 468, 471, 420 and 120B of the Indian Penal Code and Sections 4, 5 and 6 of the Prize Chits and Money Circulation Scheme (Banning) Act. An application filed by him for bail which was allowed by the High Court vide order dated 25.03.2021 subject to the petitioner depositing cash of Rs.20 lakhs and providing security of immovable property to the tune of Rs.20 lakhs.
2. The petitioner has filed this special leave petition aggrieved by the condition imposed by the High Court for grant of bail.
3. We are of the considered view that imposition of onerous conditions for grant of bail tantamount to denial of bail. Therefore, we set aside the order of the High Court relating to the condition imposed by the High Court directing the petitioner to provide cash security of Rs.20 lakhs and to furnish security of immovable property for Rs.20 lakhs.
4. The special leave petition is, accordingly, disposed of.
5. Pending application(s), if any, shall stand disposed of.
Order accordingly.
********