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Judgment
Nandita Dubey, J
This application has been filed by the applicants under Section 482 of Cr.P.C. for modification/clarification of the order dated 4.1.2022 passed in
MCRC No.51754/2021, whereby the applicants were granted anticipatory bail subject to deposit of Rs.33 lakhs and Rs.60 lakhs respectively before
the concerned trial Court. It was further directed that the said amount shall be kept in the form of interest bearing fixed deposit.
Contention of learned senior counsel of the applicants is that the applicants are ready to deposit the amount as directed by this Court, however, no trial
is pending at this stage. Under the circumstances, even the Civil Court where the civil suit is pending between the parties has refused to accept the
deposit/amount, as there was no such direction by this Court. It is prayed that the order dated 4.1.2022 passed in MCRC No.51754/2021 may be
modified to the extent that either the concerned Judicial Magistrate First Class which has jurisdiction over the Police Station Bhedaghat, District
Jabalpur be directed to accept the amount or the Civil Court where the civil suit is pending may be directed to let the applicants deposit amount there.
Prayer of the learned senior counsel seems to be genuine and is accepted.
Considering the fact that the charge sheet has not yet been filed before the concerned Court, it is directed that the Judicial Magistrate First Class
which has jurisdiction over the Police Station Bhedaghat will accept the deposit and keep it in the form of interest bearing fixed deposit.
Apprehension of Shri Shailesh Tiwari, learned counsel, who is appearing for the objector is that the applicants without depositing any amount have
enjoyed the anticipatory bail under Section 438 of Cr.P.C., it is therefore prayed that time limit may be set for the applicants to deposit the amount.
Considering the contention of learned counsel for the parties, the applicants are directed to deposit the amount as directed by this Court vide order
dated 4.1.2022 in MCRC No.51754/2021 on or before 7.2.2022 before the concerned Judicial Magistrate First Class, having jurisdiction over the
Police Station Bhedaghat, District Jabalpur. In case, if the amount is not deposited within the aforesaid period, the bail, which was granted earlier on
4.1.2022 in MCRC No.51754/2021 to the applicants shall stand cancelled automatically.
With the aforesaid direction, the application stands disposed of.
Certified copy as per rules.