Appellant has been granted bail
by the High Court. However, while granting bail, the High
Court has imposed the excessive conditions of a deposit ... conditions of bail cannot be so onerous that their
existence itself tantamounts to refusal of bail. In the
present case, however, the excessive conditions herein
power conferred by the section.
(xi) But, while granting such anticipatory bail, the Court may impose such conditions as it thinks fit, but the object ... person hampering investigation. Harsh, onerous and excessive conditions which frustrate the very object of anticipatory bail cannot to be imposed. Subjecting an accused
grant of regular bail. The said application was
allowed by V ASJ, Dhar, however while granting bail extremely
strenuous condition for depositing an amount ... contrary to law
and it amounts to denial of bail, as the same is excessively
onerous. He further submits that while granting bail, the Court
time of
arguments on her bail application. The company has sold the
plots in excess than the land it actually had in its name ... swiftly and introduced dummy directors. Therefore,
the petitioner be not granted bail.
4. In short reply, Shri Garg submitted that the entire
argument
This is third anticipatory bail application as first Anticipatory Bail Application bearing No. 70 of 2020 has been rejected by this Court vide order dated ... that the scope of granting third anticipatory bail is very limited and since his second anticipatory bail application was rejected on the ground that
been observed in similar circumstances that while
granting the anticipatory bail, the order
was passed that subject to deposit of Rs.15 lacs in form ... imposed that harsh, onerous or excessive conditions
will frustrate the very object of anticipatory bail and such
condition could not have been imposed.
Learned
bonds which the Court may deem fit and proper while granting bail to the applicant-accused-bearing in mind that the amount involved is public ... imposed in such cases may appear to be excessive and may defeat the benefit of bail in the event of accused's failure
been granted
anticipatory bail by this Court) was on different footing from the petitioner.
Payments were made much in excess than the work originally completed
bail. The applicant is languishing in jail since 30.12.2022. In case, he is granted bail, he will not misuse the liberty of bail and would ... entitled to be released on bail.
Learned A.G.A. has also opposed the prayer for bail and submits that though the applicant has parity
Nehala Sharmin, A.P.P.
Order No.04 / Dated : 17.02.2023
The anticipatory bail application filed on behalf of petitioner, who is
apprehending his arrest ... opposed the prayer for bail and counter affidavit
has been filed. It is submitted that excess payment was made in this project
which will
