Magistrate on 29th October 2001. Thus, the stand taken
before the learned Magistrate was not that the
petitioner has given a cash bail in the sum of
Rs.5,000/-. The stand was that what was taken from the
petitioner was simplicitor a deposit and a separate bond
of appearance in the sum of Rs.5,000/- was got executed
from the petitioner. From the said report submitted by
the Senior Inspector of Police on 25th October 2002 and
from the receipt issued by the Senior Inspector of
Police, it is obvious that the stand taken in the
affidavit filed in this Court that a cash bail of
Rs.5,000/- was offered by the petitioner appears to be
totally incorrect. As stated earlier, in paragraph 6 of
the affidavit a stand has been taken that cash deposit
has been taken from the petitioner. Thus, a sum of
Rs.5,000/- was purportedly taken from the petitioner as
a deposit. Though the petition was adjourned
repeatedly, the learned A.P.P could not produce any
material to show the authority of the Senior Inspector
of Police to take a deposit of Rs.5,000/- from the
petitioner.
