This Single Bench converted an interim order reducing bail deposit liability to an absolute order, dismissing the objection to the original bail conditions and staying the non-bailable warrant upon payment of the reduced amount.
Interim order requiring deposit of Rs. 14,00,000 made absolute; non-bailable warrant stayed upon payment of reduced amount.
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Court No. - 21
Case :- APPLICATION U/S 482 No. - 21621 of 2018
Applicant :- Sanket Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Birendra Singh,A.K.S.Parihar Counsel for Opposite Party :- G.A.
Hon'ble Govind Mathur,J.
The Special Judge (Prevention of Corruption) C.B.I, Ghaziabad by an order dated 10th October, 2017 granted an application preferred by the accused petitioner as per provisions of Section 439 of the Code of Criminal Procedure, 1973 on the condition that the applicant shall deposit an amount of Rs.22,00,000/before getting his release on bail. Being aggrieved by the condition aforesaid, the accused petitioner preferred the instant miscellaneous petition under Section 482 Cr.P.C. with the assertion that out of the total amount of Rs.1,97,75,000/-, an amount of Rs.68,29,293/- had actually not passed on to the vendor but the said amount is in safe custody of National Rural Health Mission.
According to the accused petitioner his liability at the best could be of Rs.14,00,000/- and not of Rs.22,00,000/- as stated in the bail order passed by the trial court.
Considering the submission of the accused petitioner, a learned single Bench of this Court on 20th June, 2018 while granting time to the opposite party to file counter affidavit passed an interim order in following terms:-
" As an interim measure, it is provided that in case, the applicant deposits an amount of Rs.14,00,000/- within a period of three weeks from today before the trial court, his bail application shall be considered and decided on merits in accordance with law without raising any objection regarding delay in deposit of the amount. In the event of default on the part of the applicant, this order shall not affect regarding his right."
In pursuance to the order aforesaid, as per learned counsel appearing on behalf of the accused petitioner, a sum of Rs.14,00,000/- has already been deposited along with trial court. No counter to the miscellaneous petition has been filed so far.
Having considered the facts stated in the miscellaneous petition, I deem it appropriate to treat the liability of the present accused petitioner only to the extent of Rs.14,00,000/- only for the purposes of the grant of application under Section 439 Cr.P.C.
without having any effect on the actual liability that is required to be determined on completion of the trial by the trial court.
Accordingly, the miscellaneous petition is disposed of by making the interim order passed by this Court on 20th June, 2018 absolute. The accused petitioner if has deposited the amount of Rs.14,00,000/- before the trial court within the period prescribed on 20th June, 2018, the non-bailable warrant issued against him shall remain stayed.
Order Date :- 10.8.2018 Bhaskar
(Govind Mathur, J.)
2 issues framed by the court
Whether the bail condition of depositing Rs. 22,00,000 can be treated as an interim order absolute to reduce the deposit liability to Rs. 14,00,000 pending trial.
Whether the stay on non-bailable warrant should continue if the applicant deposits the reduced amount as per interim order.
2 provisions across 1 enactments
Sanket Verma
Govind Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
