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Judgment
Leave granted.
We have heard learned counsel for the parties.
This appeal has been filed against the order of the High Court; by which order, the High Court while extending protection issued direction that for five weeks, the appellant shall not be arrested.
The appellant is an accused in Case Crime No. 336 of 2015. She was granted bail subject to the condition of depositing Rs.20 lacs in the Court. The appellant initially filed an application for modification of the conditions. The conditions were modified to the extent of depositing the entire amount in three installments. Subsequently, on further application, she was allowed to deposit the amount in 20 installments of Rs.1 lac each per month. The appellant further filed an application stating that she has been suspended from her employment and after that order, she can deposit only Rs.7 lacs. She further filed an application to be relieved from depositing balance as she had no source of income during the period of her incarceration and she was suspended from service and received a meagre amount of Rs.12078/- and in that she has to pay installment of home loan.
The said application was not considered by the High Court but the High Court directed that the appellant be not arrested for five weeks.
Aggrieved by the said order, the appellant has come up in appeal before us.
Learned counsel for the State contends that the appellant having accepted the conditions, she cannot be allowed to pray for modification of the conditions.
We have heard learned counsel for the parties and perused the record.
After considering the facts of the present case especially the fact that the appellant is only receiving suspension allowance, we are of the view that ends of justice be served in making the appellant to deposit 50% of the amount as directed by the High Court i.e. she may deposit a further amount of Rs.3 lacs. We order accordingly. The said amount be deposited within two months failing which the appellant shall be arrested.
We may further observe that this order is being passed in the peculiar facts and circumstances of the present case and it shall not be treated as a precedent.
The criminal appeal is allowed.