Nilesh Kumar Mishra vs The State of Haryana

The petitioner has impugned the condition imposed by

learned Additional Sessions Judge, Faridabad, while granting

anticipatory bail to the petitioner, for return of the alleged

defrauded amount of Rs. 28.75 lacs to the complainant.

Learned counsel for the petitioner contends that in

case the petitioner hands over the entire amount to the

complainant, his case before the trial Court would be prejudiced.

He undertakes that the petitioner shall deposit the entire amount

in the Court and he may be granted a period of one month for

doing so.

Issue notice to the respondent.

At the asking of Court, Mr. Karan Sharma, Assistant

Advocate General, Haryana, accepts notice on behalf of the

respondent. A complete set of paper-book be supplied to him

during the course of day.

Heard.

There appears to be merit in the submissions of

learned counsel for the petitioner that in case he pays the entire

amount to the complainant in the absence of settlement of the

issue, his case before the trial Court would be prejudiced. The

prayer for granting one month''s time also appears to be

reasonable.

Consequently, the petition is allowed and the condition

imposed by Additional Sessions Judge, Faridabad in the order

dated 08.09.2017 (Annexure P-3) shall stand modified to the

extent that the petitioner shall deposit an amount of Rs. 28.75 lacs

in the trial Court within a period of one month from now.