The High Court of Rajasthan rejected a bail application seeking recall of a condition requiring the petitioner to deposit Rs.5,31,000/- before release. The court held there was no substantial change in circumstances to warrant removing the requirement.
Application under Section 482 Cr.P.C. for recalling bail condition is rejected.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Application No. 120/2020
In
S.B. Criminal Bail Application No.473/2020
Farukh S/o Hasam Khan, Aged About 40 Years, R/o Daudsar Ps Molasar Dist. Nagour Raj. (At Present Accused Petitioner Confined In Sub Jail Nawalgarh Dist. Jhunjhunu)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Amin Ali (through VC) For Respondent(s) : Mr. Pankaj Agarwal, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
21/05/2020
Heard learned counsel for the accused-petitioner through Jitsi Meet.
This Misc. application under Section 482 Cr.P.C. has been filed for recalling of a condition imposed in bail order dated 08.02.2020 passed in SB Criminal Bail Application No.473/2020 by which bail was granted subject to a condition that the petitioner will deposit a sum of Rs.5,31000/- in the lower court and only thereafter he will be entitled to be released on bail.
It has been contended by learned counsel for the accused-petitioner that he is in custody since 02.01.2020. After the passing of the bail order, complainant has moved an application before the concerned Court to obtain the vehicle on
(2 of 3)
[CRLMA-120/2020]
Supurdginama and Court below passed an order to hand over the vehicle to the complainant on Supurdginama. As such, now the complainant is in possession of the vehicle. Complainant has already received a sum of Rs.1,00,000/- from the accusedpetitioner out of sale consideration. Now as the complainant has obtained the possession of the vehicle, this condition may be recalled so that the petitioner may get the benefit of bail.
Learned Public Prosecutor has opposed the misc. application.
Perused the bail order passed by the Co-ordinate Bench of this Court dated 08.02.2020 in SB Criminal Bail Application No.473/2020. Following order was passed:-
^^ifj.kker% izkFkhZ Qk:d dh vksj ls izLrqr ;g tekur vkosnu fuEu “krZ ij Lohdkj fd;k tkrk gS vkSj vkns”k fn;k tkrk gS fd ;fn izkFkhZ iqfyl Fkkuk] uoyx< ftyk >qU>quq esa ntZ izFke lwpuk fjiksVZ la[;k&410@2018 ds ekeys esa ;ksX; fopkj.k U;k;ky; ds larks’kizn] muds U;k;ky; esa fu;r frfFk;ksa ij ,oa tc Hkh mls cqyk;k tk,] mifLFkfr gsrq ipkl gtkj :i;s dk cU/k&i= ,oa iPphl&iPphl gtkj :i;s dh nks izfrHkwfr;kWa izLrqr djs rFkk mldh fdlh vU; izdj.k esa vko”;drk u gks rks mls tekur ij fjgk dj fn;k tk,A
“krZ&
;g Li’V fd;k tkrk gS fd izkFkhZ }kjk 5]31]000@& :i;s dh jkf”k v/khuLFk U;k;ky; esa tek djkus ds i”pkr gh izkFkhZ dks fjgk fd;k tk,xkA
bl izdj.k esa tks Hkh i{k v/khuLFk U;k;ky; ds le{k lacaf/kr thi ds Øe esa viuk vf/kdkj@gd izekf.kr djsxk] rnuqlkj v/khuLFk U;k;ky; mDr tek jkf”k dk Hkqxrku djus dks Lora= jgsxkA^^
(3 of 3)
[CRLMA-120/2020]
Looking to the bail order dated 08.02.2020, it appears that learned counsel for the petitioner had earlier given undertaking to deposit Rs.5,31,000/- in the Court below. Hence, this condition was imposed in view of his undertaking. Now, there is no substantial change in the circumstances to warrant any recalling of the condition imposed in the bail order. Hence, this misc. application filed under Section 482 Cr.P.C. is liable to the rejected.
Hence, this misc. application under Section 482 Cr.P.C.
is rejected.
(MANOJ KUMAR VYAS),J
Sunita Kanwar /8
1 issue framed by the court
Whether the condition in bail order to deposit Rs.5,31,000/- should be recalled allowing immediate release of the petitioner.
1 provisions across 1 enactments
Farukh S/o Hasam Khan
State Of Rajasthan
Manoj Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
