Sanjay Kushwah vs State Of Madhya Pradesh

This application under Section 482 of Cr.P.C. has been filed for modification of the order dated 22/10/2019 by which the applicant has been granted bail on furnishing a cash surety of Rs.2,00,000/-.

It is submitted by Ms. Rani Kushwah, sister of the applicant, that since the applicant is not in possession of the amount of Rs.2,00,000/-, therefore, he could not furnish the bail and thus, he is still in jail. It is submitted that it is well established principle of law that bail cannot be made conditional upon heavy deposits beyond the financial capacity of the applicant.

Heard Ms. Rani Kushwah, sister of the applicant.

The allegations against the applicant are that he tried to mortgage fake ornaments by projecting the same as genuine one. As the employees of the finance company got suspicious, therefore, the ornaments were got checked and they were found to be fake.

As the applicant was got caught before the loan could be sanctioned and any amount could be paid to him, therefore, by taking a lenient view, this Court by order dated 22/10/2019 passed in M.Cr.C. No.43026/2019 granted bail to the applicant, as the counsel for the applicant had submitted that the applicant is ready and willing to abide by any stringent condition, which may be imposed by this Court. As the applicant had tried to defraud the finance company by making an attempt to mortgage the fake gold ornaments, therefore, considering the nature of allegations and its effect on the economy at large as well as his period of detention and submission made by the counsel for the applicant that he is ready and willing to abide by any stringent condition which may be imposed by this Court, this Court on concessional statement granted bail on furnishing a cash surety of Rs.2,00,000/-. While arguing the bail application if the counsel for the applicant makes a concessional statement that the applicant is ready to comply any stringent condition which may be imposed by the Court, then the said statement must be treated to have been made on the instructions of the applicant or his Pairokar. Therefore, after having obtained bail in the light of the concessional statement of complying any stringent condition, the applicant cannot be allowed to take a somersault by submitting that the condition imposed by the Court is stringent and beyond the financial capacity of the applicant. If the applicant is of the view that he is not in a position to furnish bail, as directed by this Court, then the only remedy available to the applicant is to file an application for withdrawal/recall of the bail order, which was passed due to the concessional statement made by the counsel for the applicant. Under these circumstances, this Court is of the considered opinion that no case is made out for modification of the condition of bail.

Accordingly, the application fails and is hereby dismissed.