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Judgment
20 paragraphs · 361 wordsRajendra Kumar Srivastava, J
This instant petition under Section 482 of Cr.P.C. has been filed by the applicant for modification of order dated 24.11.2020 in M.Cr.C.No.39640/2020
passed by this Court.
It is argued by the learned counsel for the applicant that by the above-mentioned order, this Court has granted bail to the applicant subject to condition
inter-alia that the applicant shall deposit Rs.40,00,000/-while furnishing his bail bond and thereafter he shall pay to equal installments of Rs.40,00,000/-
in interval of every three months period from the date of his release. On account of COVID-19 pandemic, the situation of applicant is pathetic and he
is unable to arrange Rs.40,00,000/- for fulfill the condition while furnishing his bail bond as imposed by this Court. He further submits that the property
in question, is having value of more than 1 Crore and if Court permits, the brother of applicant is ready to undertake to deposit the Original Title Deed
in lieu of conditional amount of bail order. If any eventuality, applicant found to the guilty, the Court may auction the said property. As an alternative
prayer, he confined his prayer to the extent of modification in condition of bail order of depositing Rs.40,00,000/- while furnishing his bail bond saying
that the applicant may be directed to deposit the said amount in installments within a period of one month.
Learned P.L. for the respondent/State opposes the same.
Considering the difficulties of applicant, this Court is inclined to modify the order dated 24.11.2020 in M.Cr.C.No.39640/2020 to the effect that the
applicant shall deposit Rs.20,00,000/- while furnishing his bail bond as directed earlier and thereafter, he shall further pay Rs. 20,00,000/- within a
period of one month from the date of his release. The rest conditions of bail order including depositing of two equal installments of Rs.40,00,000/- in
interval of every three months period from the date of his release be as it is.
Accordingly, this petition is hereby disposed off to the extent above. This order shall be read conjointly with the order dated 24.11.2020 passed in
M.Cr.C.No.39640/2020.
Let a copy of this order shall be kept in the file of M.Cr.C.No.39640/2020.
C.c. as per rules.