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SUPREME COURT OF INDIA
K.G. BALAKRISHNAN, DR. A.R. LAKSHMANAN, JJ.
SHEIKH AYUB - APPELLANT
VERSUS
STATE OF M.P. - RESPONDENT
CRIMINAL APPEAL NO. 1098 OF 2004,
DECIDED ON SEPTEMBER 27, 2004
Criminal Procedure Code, 1973 Sections 439, 437- Grant of bail subject to deposit of amount- appellant alleged to have misappropriated Rs. 2,50000/- The High Court granted bail subject to deposit of said amount of Rs. 2,50000/- along with furnishing of surety bonds for Rs. 50,000/- Not proper- Order of grant of bail modified by deleting the direction for deposit of Rs. 2,50000/ [Paras 3 and 4]
ORDER
1. LEAVE GRANTED.
2. HEARD LEARNED COUNSEL FOR THE APPELLANT AND COUNSEL FOR THE STATE.
3. BY THE IMPUGNED ORDER THE APPELLANT WAS GRANTED BAIL AND DIRECTED TO DEPOSIT RS 2,50,000 WHICH IS ALLEGED TO BE THE AMOUNT MISAPPROPRIATED BY THE APPELLANT. THERE WAS ALSO CONDITION FOR FURNISHING SURETY BOND FOR RS 50,000. IN THE CIRCUMSTANCES OF THE CASE, DIRECTION TO DEPOSIT RS 2,50,000 WAS NOT WARRANTED, AS PART OF THE CONDITIONS FOR GRANTING BAIL.
4. HENCE, THE DIRECTION TO DEPOSIT RS 2,50,000 IS DELETED AND SUBJECT TO THIS MODIFICATION THE ORDER PASSED BY THE LEARNED SINGLE JUDGE GRANTING BAIL IS CONFIRMED.
5. THE APPEAL IS DISPOSED OF ACCORDINGLY.
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