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Judgment
A.Y. Kogje, J
RULE. Learned APP Mr.J.K.Shah waives service of Rule on behalf of the respondent-State.
This application under Section 439(1) of the Criminal Procedure Code is filed for modifying condition No.7 (g) of order dated 07.10.2019 passed by
this Court in Criminal Misc.Application No.16877 of 2019, with a further prayer to grant extension to deposit remaining amount. By the aforesaid
order, the applicant was ordered to be enlarged on regular bail in connection with offence being I-CR No.05 of 2019 registered with Border Zone CID
Police Station, Bhuj for offences under Sections 120B, 406, 420, 409 and 114 of the Indian Penal Code.
The said condition reads as under:-
“(g) shall deposit an amount of Rs.4,50,000/-(Rupees Four Lakh Fifty Thousand Only) within the period of eight weeks from the date of his release
before the trial Court and file an undertaking to that effect within the period of one week before the trial Court with regard to such deposit;â€
Learned Advocate for the applicant submitted that the applicant is facing acute financial problem as earlier, he has deposited an amount of
Rs.10,00,000/-before the Bank. It is submitted that the applicant is in the business of animal husbandry and possesses more than hundred cows. It is
submitted that if some reasonable time is granted, the applicant will be able to deposit the amount.
Learned APP opposed the application submitting that the condition imposed is just and proper and no extension be granted.
Having heard learned Advocates for the parties and having regard to the facts of the case and as submitted by that the applicant is facing acute
financial problem as earlier, he has deposited an amount of Rs.10,00,000/- before the Bank, the application deserves consideration.
In view of the aforesaid, the application is partly allowed. As a last chance, time to deposit the amount is extended for a further of one month. The
applicant shall file a fresh Undertaking to this effect before the concerned Trial Court. It is made clear that the no further extension shall be granted.
The other conditions remain unaltered.
Rule is made absolute. Direct service is permitted.