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2002 Supreme(SC) 16

G.B.PATTANAIK, R.P.SETHI
Amarjit Singh – Appellant
Versus
State Of Nct Of Delhi – Respondent


ORDER

Leave granted.

2. The accused is the appellant and assails the condition imposed by the learned additional sessions judge while invoking his jurisdiction under section 438 of the Criminal Procedure Code and granting anticipatory bail to the accused, which condition was affirmed by the High Court. Be it be stated that an FIR having been lodged alleging commission of an offence by the appellant under section 406/420 of Indian Penal Code, the appellant moved the learned additional sessions judge, Delhi for grant of anticipatory bail invoking his jurisdiction under Section 438 of the Criminal Procedure Code. By order dated 11-4-2001, the learned Additional Sessions Judge came to the conclusion that the appellant would be entitled for grant of anticipatory bail, but it should be subject to the deposit of a sum of Rs. 15 lacs in the form of FDR in the name of the trial court as a security for the deposit amount, which was allegedly settled between them. He accordingly directed that in the event of arrest, he shall be admitted to bail on furnishing personal bond in the sum of Rs. 10,000/- with one surety in the like amount subject to the condition that he surrenders the FDR for a sum





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