ORDER

1. We have heard counsel for the parties.

2. Special leave granted.

3. We are of the view that the condition imposed by the High Court that the appellant shall make payment of Rs one lakh per month after his release on bail is not justified in the facts and circumstances of the case. It is of course, open to a court to grant or refuse bail, but to assume that an offence has been committed even at the stage of granting bail and to direct repayment of any amount is both onerous and unwarranted. In the instant case the liability of the appellant has yet to be determined in an appropriate proceeding.

4. In the facts and circumstances of the case, we are satisfied that the High Court was justified in granting bail to the appellant but we do not uphold the condition imposed in the order granting bail that he should continue to deposit a sum of Rs one lakh per month. That condition is deleted.

5. The appeal is disposed of in the above terms.