TaxTMI 
TaxTMI 
2024 (10) TMI 1163
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..... Facts in brief, germane, are as follows: A crime comes to be registered in Crime No.53/2021 against the petitioner for offences punishable under Sections 406, 465, 471 and 379 read with Section 34 of the IPC by one Dr. Kiran Kamala. The allegation is that the accused has misappropriated the funds of the organization and also thieved certain documents. The misappropriation was projected at Rs. 1,08,50,000/- in the account of one Vimukthi Trust. The police after investigation have filed a charge sheet against the petitioner in C.C.No.31039/2021. The petitioner then applies to enlarge the regular. The petitioner then applies to be enlarged on regular bail. The concerned Court grants regular bail, subject to certain conditions. The order g....
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.... Petition filed by the petitioner u/sec. 439(1B) of Cr.P.C. is allowed in part. The order passed in Crl.Misc. No.1388/2023 on the file of this Court dated 14.3.2023 is hereby modified. The petitioner shall furnish bank guarantee to the Trust to the tune of Rs. 50 lakhs instead of Rs. One crore. Condition No.6 of the bail order is here by relaxed. The other conditions of the bail order remain intact." Instead of Rs.one crore, the petitioner was directed to furnish a bank guarantee of Rs. 50/- lakhs. This is again sought to be modified by filing an application under Section 439(1)(b) of Cr.P.C. before the concerned Court. The Court, rejects the said application by the impugned order and therefor....
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....pellant is under a legal liability to pay the said amount. 6. As an officer of this Court, Mr. K.M. Nataraj, learned ASG appearing for the Union of India/State has fairly stated that such a condition cannot be imposed while granting bail. 7. Considering the above facts and circumstances, in our considered opinion, the condition directing the appellant to deposit a sum of Rs. 70 Lakhs is not liable to be sustained and is hereby set aside. 8. The rest of the conditions in the impugned order are sustained." In another case, Anatbhai Ashokbhai Shah vs. State of Gujarat and another 2023 SCC Online SC 227, the Apex Court has held as follows: "2. Learned counsel for the parties are not at issue that the facts....
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....ant approached the High Court by filing Criminal Miscellaneous Application No. 710 of 2023 which came to be disposed of by the order dated January 12, 2023* impugned here in, where by the High Court modified the condition of furnishing bank guarantee of an amount of Rs. 3 crore by reducing it to Rs. 1.5 crore. * Reported as Makhijani Pushpak Harish v. State of Gujarat (2023) 115 GSTR 130 (Guj). 6. Such pre-condition of deposit of an amount or furnishing a bank guarantee has been the subject matter of consideration by this court in a number of cases, where condition of pre-deposit has been held to be bad. 7. Reference may be made to an identical matter in Criminal Appeal No. 186/2023, Subhash Chouhan v. Union of In....
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....he appellant has made out no grievance as regards those conditions. The appellant's argument is that such a condition is onerous. Learned counsel for the appellant has relied on a judgment of a Co-ordinate Bench delivered in Criminal Appeal No. 1193 of 2023 (Makhijani Pushpak Harish Vs. The State of Gujarat) in which 1 such a pre-condition of furnishing Bank Guarantee was held to be unsustainable. In that judgment, reference was made to an earlier decision of this Court in Criminal Appeal No. 186/2023 (Subhash Chouhan Vs. Union of India) delivered on 20.01.2023. In the light of the legal position explained in the aforesaid judgment of the co- ordinate Bench, we direct that the appellant shall not be required to comply with conditio....