ORDER

1. Leave granted.

2. Heard the learned counsel appearing for the appellant and the learned senior counsel appearing for the respondent.

3. First Information Report was filed making allegations of commission of offences under Sections 419, 420 and 120B of the Penal Code, 1860 and Sections 66C and 66D of the Indian Technology Act, 2000. The allegation of the prosecution is that the present appellant has cheated the complainant and the amount involved is about Rs. 37,00,000/- (Rupees thirty seven lakhs). The Sessions Court by the order dated 18th January, 2023 granted bail to the appellant subject to the condition of deposit of a Demand Draft in the sum of Rs. 10,00,000/- (Rupees ten lakhs) in the name of the Trial Court. A direction was issued that the Trial Court may release the said amount to the victim. The appellant moved the High Court seeking waiver of the condition of deposit of Rs. 10,00,000/- (Rupees ten lakhs). The High Court rejected the said prayer by the impugned order. However, time to deposit the amount was extended.

4. This Court has repeatedly held that the condition of deposit of such amount cannot be a condition of bail. In this case, the appellant had not volunt