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Judgment
Learned counsel for the petitioner does not wish to press the application for preponment. Hence, the application for preponement is dismissed as not
pressed.
In Misc. Petition No.2264/2018
Notice to respondent No.2 was issued on 03.08.2018. The report of the server indicates that the notice was served upon the father of respondent
No.2 at the given address on 24.09.2018.
However, despite service, no one has put in appearance on behalf of the respondent No.2.
This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 27.06.2018 passed by
learned Additional Sessions Judge, Deedwana, Nagaur in Criminal Misc. Case No.117/2018 whereby although the said court has allowed the
application moved by thepetitioner under Section 439 of Cr.P.C. but imposed a condition to deposit Rs.50,000/- cash in the concerned court.
Learned counsel for the petitioner has argued that while granting benefit of bail under Section 439 Cr.P.C. to the petitioner, an onerous condition
cannot be imposed. It is submitted that in the present case only FIR has been lodged against the petitioner and investigation is still going on but the
court below while allowing the bail application of the petitioner under Section 439 Cr.P.C. has imposed an onerous condition of depositing Rs.50,000/-
cash.
Learned counsel for the petitioner has placed reliance on the decision of Jaipur Bench of this Court in Noordeen Vs. State of Rajasthan reported in
2006(1) Cr.L.R. (Raj.) 518.
Per contra, learned Public Prosecutor has supported the order passed by the court below and argued that there is no illegality in the same.
Having heard learned counsel for the petitioner and after taking into consideration the judgment passed by this Court in Noordeen Vs. State of
Rajasthan (supra), this Court is of the opinion that in the facts and circumstances of the case, the imposition of condition of depositing Rs.50,000/-
cash, while extending the benefit of bail under Section 439 Cr.P.C., is not justified.
Hence, the order dated 27.06.2018 passed by the learned Additional Sessions Judge, Deedwana, Nagaur in Criminal Misc. Case No.117/2018 is
modified only to the extent of deleting the condition of depositing Rs.50,000/- cash by the accused-petitioner before the trial court. The other conditions
of the order dated 27.06.2018 shall remain intact.
With the aforesaid modification, this criminal misc. petition is disposed of.