Bail conditions should not be so strict as to be incapable of compliance, making the grant of bail illusory.

JUDGMENT

Sarang V. Kotwal, J. - This is an application for setting aside the condition of depositing Rs.22 Lakhs as a condition precedent for being released on bail. The second prayer is for the Applicant's release on bail in connection with C.R.No.I-101/2018 registered at Manmad City Police Station, District-Nashik.

2. Heard Dr. Abhinav Chandrachud, learned Counsel for the Applicant, Shri Chetan Damre, learned Counsel for the Intervenor and Shri Ajay Patil, learned APP for the State.

3. The Applicant was arrested in connection with the above offence on 9.3.2019. The offence was registered under Sections 420, 120-B read with 34 of the Indian Penal Code.

4. The FIR was lodged by one Prashant Katkade on 31.5.2018. He has stated that he was in the business of construction and development. He wanted a project loan for his business. He came in contact with one of the accused Prakash Jadhav. The informant met him at Manmad. The accused Prakash Jadhav represented to the informant that he was representative of M/s. Cobra Financial Solution, Branch Walsad, Gujarat. He told the informant that through the Chief Officer of the said financial company he could get the loan of Rs.5 Crores @ 6% per annum for the informant's project at Nashik. The loan was to be repaid within five years. The FIR mentions that Prakash Jadhav represented to the informant that the present Applicant was the Chief Officer of the Financial Company. Thereafter the present Applicant, Prakash Jadhav, Prakash Parmar and Sajid Ajmeri met him at Manmad and decided to go ahead with their transaction. They inspected the documents and showed willingness to give loan. The informant was told by Prakash Parmar that he should meet the Applicant at hotel Fountain on Thane by-pass road. The informant paid in all Rs.22 Lakhs in cash by way of commission to obtain loan of Rs.5 Crores. However, no loan was sanctioned in his favour and he has lost that amount of Rs.22 Lakhs. On this basis, the FIR is lodged.

5. The Applicant was arrested as mentioned earlier. From the record it appears that the charge-sheet was not filed within time after the Applicant's arrest and at the first instance the Judicial Magistrate, First Class, Manmad City vide his order dated 10.5.2019 granted bail to the Applicant under the provisions of Section 167(2) of Cr.P.C. in the sum of Rs.50,000/- with one or two solvent sureties in the like amount. Vide the same order, notice was issued to the investigating officer to explain within seven days as to why the charge-sheet was not filed within prescribed time.

6. Dr. Chandrachud appearing for the Applicant submitted that after this order was passed on 10.5.2019; within four days i.e. on 14.5.2019, charge-sheet was filed and, therefore, the Applicant could not be released on bail. Thereafter the Applicant preferred another application for bail under Section 439 of Cr.P.C., which was allowed by the Additional Sessions Judge, Malegaon vide his order dated 21.8.2020 in Criminal Bail Application No.98/2020. In the operative part of the order, the Applicant was directed to deposit Rs.22 Lakhs before the Magistrate as a condition precedent for his release on bail.

7. The Applicant was unable to comply with this condition and, therefore, moved Criminal Misc. Application No.25/2020 for relaxation of that particular condition and also for relaxation of condition of reporting to the police station. This Application was rejected and, therefore, the Applicant has preferred the present Application before this Court.

8. Dr. Chandrachud submitted that the Applicant deserves to be released on bail pursuant to the order passed by the J.M.F.C., Manmad City under Section 167(2) of Cr.P.C.. That order was passed on 10.5.2019 and the charge-sheet was filed shortly thereafter on 14.5.2019. It cannot be termed as reasonable time enabling the Applicant to comply with the directions of learned Magistrate for his release on bail. He submitted that even under Section 167(2) of Cr.P.C., the Applicant