Allahabad High Court
Ankit vs State Of U.P. on 28 January, 2010
Author: Rakesh Tiwari
Bench: Rakesh Tiwari
Court No. - 42 Case :- APPLICATION U/S 482 No. - 33741 of 2009 Petitioner :- Ankit Respondent :- State Of U.P. Petitioner Counsel :- Mohit Singh Respondent Counsel :- Govt. Advocate Hon'ble Rakesh Tiwari,J.
Heard counsel for the applicant, learned A.G.A. and perused the record. The order dated 9.11.2009 passed by Additional District & Sessions Judge, Chandausi, Moradabad granting bail to the applicant in S.T. No. 168/2009, State Vs. Sonu and others, is being assailed in this application under section 482, Cr.P.C. to the extent it imposes a condition of depositing fine/penalty of Rs. 15,000/- in cash by the applicant.
Counsel for the applicant submits that aforesaid condition imposed in the impugned order of bail is illegal and against the provisions of Code of Criminal Procedure.
Learned A.G.A. has not been able to show any provision which may justify imposition of fine for grant of bail.
The condition imposed in the bail order for depositing Rs. 15000/- in cash by the applicant appears to be excessive and unlawful particularly when the applicant is ready to furnish sureties to the satisfaction of the court concerned. Accordingly, this application is allowed and part of the impugned order dated 9.11.2009 in so far as it imposes a condition of depositing fine/penalty of Rs. 15,000/- in cash by the applicant, is set aside.
Order Date :- 28.1.2010 SNT/