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(2023) Law Today Live Doc. Id. 17508
Decided on: 18.01.2023
For Petitioner(s):
Mr. Shyam Kishore Sharma, Sr. Adv. Ms. Prerna Singh , AOR
For Respondent(s):
Mr. Abhinav Mukerji, AOR Mr. Akshay C. Shrivastav, Adv. Mrs. Bihu Sharma, Adv.
Indian Penal Code, 1860 (45 of 1860), Sections 467, 468, 471, 120(B), 420 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail – Condition to deposit 50% of salary – Sustainability of -- Allegation of fabricating documents and using them to obtain employment – High Court granted anticipatory bail with the condition that 50% of the salary earned by him for entire duration of the employment ought to be deposited within six months – Held, imposition of the condition is too onerous and cannot be sustained -- Condition set aside, petitioner ordered to be released on anticipatory bail.
(Para 1-3)
ORDER
1. The petitioner is aggrieved by a condition imposed by the High Court while granting bail i.e. deposit of 50% salary by him, during the period of his employment. The allegation against him was of fabricating documents and using them to obtain employment (the FIR names Sections 467-468, 471, 120(B) and 420 IPC). The High Court deemed it appropriate to grant anticipatory bail but imposed the condition that 50% of the salary earned by him for entire duration of the employment ought to be deposited within six months from the impugned order.
2. The petitioner appears to have secured employment on the basis of the allegedly false Matriculation Certificate issued in 2004. He undoubtedly worked for several years. Therefore, imposition of the condition of having to deposit 50% of the salary earned, on the basis of the allegations in the FIR, in this Court’s opinion, is too onerous and cannot be sustained.
3. In the circumstances, the said condition is hereby set aside. The petitioner shall be released on anticipatory bail subject to such other conditions as the Trial Court may impose in the facts and circumstances of the case.
4. The Special Leave Petition is disposed of in the above terms.
5. All pending applications are disposed of.
Order accordingly.
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