The court entertained an application under Section 439(1)(b) Cr.P.C. to modify a bail condition. Finding the petitioner could not deposit the required security, the court reduced the amount from Rs.50,000 to Rs.10,000 and disposed of the matter.
Condition number 3 requiring cash security of Rs.50,000 is modified to Rs.10,000; CRLMA disposed accordingly.
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CRLMA NO.62 OF 2016
11.04.2016 Heard learned counsel for the petitioner.
This is an application under Section 439(1)(b) of Cr.P.C.
It is submitted that the petitioner is an accused in G.R. Case No.152 of 2015 on the f
ile of the learned J.M.F.C., Purusottampur registered under Section 420 of the I.P.C..
It is submitted by the learned counsel for the petitioner that the petitioner was gran
ted with bail by the learned Additional Sessions Judge, Chatrapur in Bail Application No. 13 o
f 2016 by order dated 03.02.2016 imposing certain conditions. It is further submitted by the l
earned counsel for the petitioner that one of the conditions being furnishing cash security of
Rs.50,000/-(rupees fifty thousand), the petitioner is not in a position to deposit such huge
amount as he is languishing in jail custody since 15.11.2015. Hence, the modification of the
condition no.3 has been prayed for.
Considering the submissions and the circumstances, it is directed that condition no.3
imposed by the learned Additional Sessions Judge, Chatrapur in Bail Application No. 13 of 201
6 directing the petitioner to furnish cash security of rupees fifty thousand is modified to th
e extent of rupees ten thousand, rest part of the order remaining the same.
The CRLMA is disposed of accordingly.
2
1 issue framed by the court
Whether the condition of furnishing cash security of Rs.50,000 imposed in bail can be modified due to the petitioner's inability to deposit the amount.
2 provisions across 2 enactments
Unknown Petitioner
As recorded by the court registry
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