Madhya Pradesh High Court
Rajkumar Bajaj vs The State Of Madhya Pradesh on 12 May, 2022
Author: Rajendra Kumar Verma
Bench: Rajendra Kumar Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
ON THE 12th OF MAY, 2022
MISC. CRIMINAL CASE No. 4866 of 2022
Between:-
RAJKUMAR BAJAJ
S/O SHRICHAND RAI BAJAJ,
AGED ABOUT 53 YEARS,
OCCUPATION: BUSINESS
R/O. 12, SINDHU NAGAR
INDORE, (MADHYA PRADESH)
.....APPLICANT
(BY SHRI PRATEEK MAHESHWARI, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH
STATION HOUSE OFFICER THROUGH
POLICE STATION M.G. ROAD
DIST.:INDORE, (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI HEMANT SHARMA, ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
Applicant has preferred this petition under Section 482 read with Section 440 of Cr.P.C being aggrieved with the order dated 05.12.2018 passed by Eleventh Additional Sessions Judge, District Indore in Bail Application No.4203/2018 whereby the learned trial Court has imposed strict conditions.
Learned counsel for the applicant has submitted that although the Signature Not VerifiedDigitally signed by SAN SUMATHI anticipatory bail of the applicant was allowed, however, learned judge has JAGADEESAN Date: 2022.05.13 10:02:18 IST imposed excessive bail condition of furnishing personal bond of Rs.1.00 Crore 2 as well as two solvent securities of Rs.50/- Lacs each. Learned trial Court without appreciating the peculiar facts and circumstances of the case, the documents on record imposed the onerous conditions upon the petitioner, without considering the implications of its financial burden on the petitioner. Therefore, learned counsel prayed that the impugned order dated 05.12.2018 be quashed to the extent it imposes excessive and arbitrary condition while granting anticipatory bail.
Learned Govt. Advocate for the respondent/State opposed the prayer and prayed for rejection of this application.
On due consideration of the facts and circumstances of the case and on perusal of the record, this Court finds it appropriate under the given facts and circumstances to modify the order impugned to the extent that the petitioner shall furnish personal bond in the sum of Rs.40/-lacs in place of Rs.1.00 Crore and shall furnish two sureties of Rs.20/-lacs each in place of Rs.50/- lacs each. However, the mode of furnishing the bond and surety shall remain unchanged.
In view of the above modification, the petition is partly allowed and disposed off.
Certified copy, as per rules.
A copy of this order be sent to the trial Court concerned for information.
(RAJENDRA KUMAR (VERMA))
JUDGE
sumathi
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SUMATHI
JAGADEESAN
Date: 2022.05.13
10:02:18 IST