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Judgment
Arun Kumar Sharma, J
This is an application for modification of order dated 04.03.2021 passed in M.Cr.C.No.38594/2020, whereby a conditional order has been passed while
granting bail to the applicant.
Learned counsel for the applicant submits that the applicant is a reputed citizen of Bhopal City. The applicant is ready to return the whole amount of
complainants and he has to sell out his land situated at Bhopal but at present he is in jail. There is no chance of his absconding. It is further submitted
that the applicant is also ready to hand over the possession of land to the complainants. Hence, it is prayed that the aforesaid order be modified.
Learned Panel Lawyer for the State has vehemently opposed the application and submitted that the conditions have been imposed by this Court after
hearing the counsel for both the parties and in the previous order, the applicant was ready to deposit 50% amount before his released in favour of the
complainants and remaining 50% amount shall be deposited within three months. It is further submitted that the applicant has been granted the benefit
of bail on the condition that the applicant will refund the entire amount to the complainants.
Keeping in view the facts and circumstances of the case as well as the facts as pointed out by the learned panel lawyer for the State that the
applicant was granted bail on the undertaking furnished by the applicant himself for refunding the amount, in the opinion of this Court, this is not a fit
case warranting interference by this Court under Section 482 of the Cr.P.C.
Accordingly, the application under Section 482 deserves to be and is hereby dismissed.