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TMI Blog2021 (6) TMI 375X X X X Extracts X X X X X X X X Extracts X X X X ..... on 482 Cr.P.C., it needs to be mentioned here that Section 482 Cr.P.C. which saves inherent powers of the High Court, is not a panacea for all the ills. The litigant should adopt a proper mechanism provided under the law for redressal of his grievances, instead of not doing so and rushing to this Court asking it to interfere in the matter, exercising the power under Section 482 Cr.P.C. If such practice is allowed, then the litigants would rush to this court moving petitions under Section 482 Cr.P.C., in a hope to get early decision, instead of availing of the remedy provided under the law - there are no reason to use the power under Section 482 Cr.P.C. since the conditions imposed cannot be terms to be onerous, arbitrary or stringent. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arrested in this case on 12.1.2021. The prosecution failed to complete the investigation within the stipulated period of 60 days and file challan/complaint in the Court, as such on an application under Section 167(2) Cr.P.C., having been filed by accused Pawan Kumar, that application was allowed and he was granted bail on his furnishing bail bonds in the sum of ₹ 1,10,00,000/- with two sureties in the like amount(at least one local) and subject to various conditions i.e.:- 1. Accused shall furnish a bank guarantee/FDR for an amount of ₹ 55 Lakh to be forfeited to the State in case of violation of any of the terms and conditions imposed vide this order. 2. Accused shall come present on each and every date of hearing for a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The petitioner-accused found the conditions to be stringent and onerous, as such has approached this Court by way of filing the instant petition under Section 482 Cr,.P.C. praying that the conditions of heavy surety and bank guarantee/FDR be withdrawn. Notice of this petition was given to the State of Punjab and complainant, who have put in appearance through counsel. I have heard learned counsel for the petitioner, learned counsel for the complainant, as well as learned State counsel, besides going through the record and I find that the petition is doomed for failure. It may be mentioned here that admittedly the petitioner had filed a revision petition before the Court of Sessions challenging such conditions. However, it was with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en imposed and no fault can be found with the same. The co-accused of the present petitioner, namely Sahil Jain, who was also granted bail under Section 167 (2) Cr.P.C., imposing such like conditions, had approached this court alleging the conditions to be unreasonable, praying for setting aside of the same. His petition under Section 482 Cr.P.C. bearing CRM-M- 4374-2021 had been dismissed by a Co-ordinate Bench of this Court, vide detailed order dated 3.3.2021, copy Annexure R-3, discussing the factual and legal position on the subject in detail. The case of the present petitioner is similar and identical to that of his co-accused Sahil Jain. I do not see any reason to take a different view in the matter. The order passed by learned Chief ..... X X X X Extracts X X X X X X X X Extracts X X X X
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