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[Cites 1, Cited by 7]

Madhya Pradesh High Court

Anil Yadav vs Central Bureau Of Investigation Bhopal on 21 March, 2018

Cr.A. No.724/2014 (Anil Yadav Vs. C.B.I. Bhopal) Indore, dated 21.03.2018 Parties through their counsel.

IA No.1771/2018 is an application for modification of order dated 19/01/2015 by which the sentence has been suspended by this Court. The application has been filed for modifying the condition imposed in the order dated 19/01/2015, meaning thereby the condition of depositing the fine. It has been stated that the applicant does not have any source of income. He was a public servant, his entire gratuity and other dues forfeited, therefore, he is not able to pay fine. It is also stated that he is in jail for last three years and the total sentence awarded to him is four years in the present case.

Learned counsel has argued before this Court that the family has been able to arrange the amount of Rs.20,00,000/- and the same will be deposited with the trial Court.

Resultantly, the order dated 19/01/2015 passed by this Court stands modified on depositing the fine amount of Rs.20,00,000/-, the petitioner released from custody. There are total four cases i.e. Cr.A. No.702/2014, Cr.A. No.724/2014, Cr.A. No.674/2014 and Cr.A. No.670/2014. The total misappropriate amount in all four cases of Rs.47,00,000/- and his family has been able to arrange the amount of Rs.20,00,000/-. The condition imposed by this Court stands modified on the condition that the applicant depositing the amount of Rs.20,00,000/- be released on bail. The other terms and condition shall remain the same.

Accordingly, the IA No.1771/2018 stands allowed.

(S.C. Sharma) Judge vibha Digitally signed by Vibha Pachori Date: 2018.03.27 15:55:45 +05'30'