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2020 (11) TMI 438 - HC - Indian LawsGrant of Bail - Dishonor of cheque - bail to be granted on the condition of deposit 35% of the amount of ₹ 75,00,000/- imposed as fine by the learned Magistrate or not - HELD THAT - Similar issue decided in the case of YATENDRA BHARDWAJ VERSUS STATE OF U.P. AND ANOTHER 2018 (5) TMI 2027 - ALLAHABAD HIGH COURT where it was held that the Appellate Court may impose a condition while suspending the sentence, however, the power of imposing conditions is discretionary and the Court while suspending the sentence can always direct the applicant to deposit fine in the court but the amount of such condition must not be unreasonable, onerous and unjust so as to deprive the applicant from being released on bail. The orders passed by learned Sessions Judge Agra under Section 138 of N.I. Act, Police Station Hapur Kotwali, Distt. Hapur are hereby modified to the extent that the applicant shall deposit only 10% of the amount of fine of ₹ 75,00,000/- imposed by the appellate Court as a pre-condition for being released on bail and on furnishing a personal bond of ₹ 20,000/- and two sureties of the like amount to the satisfaction of the court concerned till the disposal of the appeal - application allowed in part.
Issues Involved:
1. Quashing of orders dated 24.2.2020 and 24.9.2020 passed by learned Sessions Judge Agra. 2. Condition of deposit imposed for granting bail. 3. Applicant's financial incapacity to meet the bail condition. 4. Legal precedents regarding the imposition of conditions for bail. Issue-wise Detailed Analysis: 1. Quashing of Orders Dated 24.2.2020 and 24.9.2020: The application under Section 482 CrPC was filed to quash the orders dated 24.2.2020 and 24.9.2020 passed by the learned Sessions Judge Agra in Criminal Appeal No. 15 of 2020. The orders in question pertained to a case under Section 138 of the Negotiable Instruments Act, where the learned Sessions Judge granted bail to the applicant on the condition of depositing 35% of the fine amount of ?75,00,000/- imposed by the Chief Judicial Magistrate, Hapur. 2. Condition of Deposit Imposed for Granting Bail: The applicant argued that the condition to deposit 35% of the fine amount as a pre-condition for bail was excessive and unreasonable. The applicant highlighted his financial incapacity to deposit such a large amount. The court considered the legal precedents and statutory provisions, particularly Section 357 and Section 389 of the CrPC, which deal with the imposition of fines and suspension of sentences pending appeal, respectively. 3. Applicant's Financial Incapacity: The applicant's counsel submitted that the applicant was very poor and unable to deposit the huge amount imposed as a condition for bail. Additionally, it was argued that the applicant was an old man and that the entire situation was a conspiracy to grab his agricultural land. The court took into account the applicant's financial condition and the precedents set by higher courts regarding the imposition of conditions for bail. 4. Legal Precedents Regarding the Imposition of Conditions for Bail: The court referred to several judgments, including the case of Yatendra Bharadwaj Vs. State of UP, where a similar condition of depositing a portion of the fine amount for bail was deemed onerous. The court also cited the Supreme Court's observations in Stanny Felix Pinto Vs. Jangid Builders Pvt. Ltd. and another, and Dilip S. Dhanukar Vs. Kotak Mahindra Company Limited and another, which emphasized that conditions for bail should not be unreasonable or arbitrary. The court underscored that the amount of compensation must be reasonable and that the capacity of the accused to pay should be considered. Conclusion: The court found that the condition imposed by the Sessions Judge to deposit 35% of the fine amount was onerous and harsh. In line with the legal precedents and considering the applicant's financial incapacity, the court modified the condition. The applicant was directed to deposit only 10% of the fine amount of ?75,00,000/- as a pre-condition for bail, along with furnishing a personal bond of ?20,000/- and two sureties of the like amount. The application under Section 482 CrPC was partly allowed to this extent. Order: The orders dated 24.2.2020 and 24.9.2020 were modified to reduce the pre-condition for bail to 10% of the fine amount, ensuring that the applicant could be released on bail under more reasonable terms.
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