Dilip vs State Of Madhya Pradesh

Subodh Abhyankar, J

This application under Section 482 of the Criminal Procedure Code, 1973 has been filed by the applicant for the modification of order dated 4.5.2023 passed in MCRC.No.17689/2023;whereby, this Court has allowed the bail application directing the applicant to deposit a sum of Rs.4,00,000/- in the trial Court in the manner prescribed therein.

Learned counsel for the applicant has submitted that the applicant has already deposited a sum of Rs.3,50,000/-, however the applicant is finding it very hard to deposit the further sum of Rs.50,000/- as he is unemployed, and even otherwise was a labourer. It is further submitted that in identical circumstances, this Court has already relaxed the condition in respect of other accused persons in MCRC.No.39393/2023 and MCRC.No.39415/2023. Thus, it is submitted that under the same terms and condition the order may be relaxed.

Learned counsel for the respondent/State has opposed the prayer.

Having considered rival submissions and on perusal of the documents filed on record, and considering the fact that the applicant has already complied with the substantial part of the bail order dated 4.5.2023 passed in MCRC.No.17689/2023, this Court finds it expedient to allow the present application.

Accordingly, the petition is allowed and the petitioner is exempted from depositing the remaining amount of Rs.50,000/- as the petitioner has already deposited Rs.3,50,000/- out of Rs.4,00,000/- as directed by this Court in M.Cr.C. No.17689 of 2023. However, it is also directed that the petitioner shall not transfer any of his immovable property in any manner till the final disposal of the case in the trial Court, except with the permission of the trial Court.