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Judgment
15 paragraphs · 395 wordsV. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with G.R. Case No.430 of 2023, pending on the file of the learned J.M.F.C., Purushottampur, arising out of Purushottampur P.S. Case No.448 of 2023, for alleged commission of offences under Sections 420/506/294 of IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Assistant Sessions Judge, Purushottampur, by order dated 03.07.2023 in the aforementioned case, the present BLAPL has been filed.
Learned counsel for the petitioner files a memo indicating the willingness of the petitioner- accused to prove his bonafides to tender cash security of Rs.3,00,000/-(Rupees three lakhs). The memo is taken on record.
It is submitted by the learned counsel that the petitioner is in custody since 26.06.2023.
Learned counsel for the State opposes the prayer for bail.
Taking into account the nature of allegations, period in custody and the submission that the petitioner is prepared to tender cash security without prejudice to his rights, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Additionally, it is directed that the petitioner shall furnish cash security to the tune of Rs.50,000/-(Rupees fifty thousand) before release and three months after release, the petitioner will deposit further sum of Rs.2,50,000/-(Rupees two lakhs fifty thousand) in five equal monthly installments. Learned Court in seisin to fix the quantum of installments and the date of such payments.
In the event the petitioner fails to pay any of the installments, it shall be open to the learned Court in seisin to take action in accordance with law to commit the petitioner into custody without any further reference to this Court.
The amounts so deposited shall be kept in an interest bearing account to be pledged in the name of the learned Court in seisin and shall abide by the final outcome of the case at hand.
It is made clear that the deposit as made is not an expression of any finding regarding the complicity of the petitioner, which has to be adjudicated independently in the impending trial.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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