Rajesh Dubey vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This petition under Section 482 of the Cr.P.C. has been filed by the applicant for modification of order dated 01/03/2018 passed in M.Cr.C.

No.19671/2017.

Learned counsel for the applicant submitted that earlier the applicant was granted bail by this Court vide order dated 01/03/2018 passed in M.Cr.C.

No.19671/2017 with a condition to deposit a sum of Rs.21,00,000/-in three equal installments in a fixed deposit in any nationalized bank, but the

applicant could not deposit the alleged amount, so he is still in custody. Learned counsel further submitted that during trial of the case applicant entered

into a compromise with the complainant and gave cheque of said amount to the complainant. The statement of complainant Asfiya Ansari (PW/1) and

Abdul Alim (PW/2) have been recorded by the trial Court. They did not support the prosecution story and turned hostile. So, the order dated

01/03/2018 passed in M.Cr.C.No.19671/2017 whereby while allowing the bail application filed by the applicant, this Court directed the applicant to

deposit a sum of Rs.21,00,000/- in fixed deposit in any nationalized bank be modified and the condition to deposit said amount may be deleted.

Learned counsel for the State opposed the prayer.

Looking to the facts and circumstances of the case and the fact that the parties have entered into the compromise and statement of complainant

Asfiya Ansari (PW/1) and Abdul Alim (PW/2) have been recorded by the trial Court, the petition is allowed and the condition of depositing a sum of

Rs.21,00,000/- in a fixed deposit passed in the M.Cr.C.No.19671/2017 vide Date: 2021.01.12 15:46:06 IST order dated 01/03/2018, is hereby deleted.

The other conditions of the order dated 01/03/2018 passed in M.Cr.C.No.19671/2017 shall remain intact.

This order shall be the part and parcel of the order dated 01/03/2018 passed in M.Cr.C.No.19671/2017.

 Accordingly, the application is disposed of.

 C.C. on payment of usual charges.