The High Court dismissed an application under Section 482 CrPC challenging a bail condition requiring a monetary deposit. The Court held the condition was not arbitrary and dismissed the petition.
The application was dismissed. Accomplishment of the deposit condition remains optional until trial outcome.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 21
Case :- APPLICATION U/S 482 No. - 13577 of 2018
Applicant :- Dr. Ashok Kumar Opposite Party :- State Through Cbi/Acb New Delhi Counsel for Applicant :- Ashish Kumar Counsel for Opposite Party :- Gyan Prakash
Hon'ble Govind Mathur,J.
This miscellaneous petition under Section 482 of the Code of Criminal Procedure, 1973 is preferred with the prayer as follows:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to stay the condition for bail passed in bail order dated 7.3.2018 imposed by the Court of learned Special Judge, Anti Corruption, CBI, Ghaziabad (C.B.I. Vs. Dr. Ashok Kumar & Others) Under Sections 120-B r/w 420, 468, 471 IPC and 13(2) r/w 13(1)(d) Prevention of Corruption Act, 1988 and Substantive Offences 420, 468, 471 IPC & 13(2) r/w 13(1)(d) PC Act, arising out Crime No.RC 3(A)/2013/CBI/SCB/Lko, Police Station CBI/SCB/Lucknow on the basis of judgment passed by Hon'ble Apex COurt dated 14.7.2015- Sanjay Awasthi Vs. State of U.P. as reported in 2015(8) SCALE 61 and Judgement dated 30.9.2016 passed by Hon'ble Apex Court in SLP (Crl.) 833 of 2016 and order dated 25.1.2018 passed by this Hon'ble Court in Criminal Misc. Application No.309 of 2018."
Suffice to mention that learned Special Judge, Anti Corruption (CBI), Ghaziabad vide order dated 7th March, 2018 granted an application preferred under Section 439 of the Code of Criminal Procedure, 1973 with a condition that the accused applicant deposits a sum of Rs.3,70,000/- within a period of four weeks from the date of order.
It is submitted by learned counsel that the condition imposed by the trial court while accepting the application under Section 439 Cr.P.C. is bad on the count that as per the police report submitted as per provisions of sub-Section (2) of Section 173 Cr.P.C., the liability of the present accused Dr. Ashok Kumar the then Chief Medical Officer, Shahjahanpur is not to that extent.
Having considered all aspects of the matter and also looking to the fact the petitioner is facing trail for the offences under Section 120-B, 420, 468, 471 I.P.C. read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, the trial court considered it appropriate to release the applicant on bail subject to a reasonable condition.
The condition imposed in our considered opinion is not at all arbitrary or unjust as such interference in the order impugned is desirable. This miscellaneous petition is dismissed accordingly.
However, It is made clear that if the petitioner even satisfy the condition imposed by the trial court under the order dated 7th March, 2018 within a period of four weeks the order be executed. The deposition of the amount aforesaid as required under the order dated 7th March, 2018 shall also be subject to fate of the trial in question. If the trial court ultimately acquits the petitioner, he shall be entitled for refund of the amount aforesaid.
Order Date :- 10.8.2018 Bhaskar
(Govind Mathur, J.)
2 issues framed by the court
Whether the Special Court erred by imposing a specific monetary deposit condition under Section 439 CrPC instead of a personal bond for the accused doctor.
Whether the impugned bail order constitutes an arbitrary or unjust interference suitable for quashing under Section 482 CrPC.
Colour shows how this judgement treated each authority
Sanjay Awasthi Vs. State of U.P.Referred¶6
2015(8) SCALE 61
Judgement dated 30.9.2016 passed by Hon'ble Apex CourtReferred¶6
SLP (Crl.) 833 of 2016
3 provisions across 2 enactments
Dr. Ashok Kumar
Govind Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
