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SHEEL NAGU, MANINDER SINGH BHATTI
Lallu Choudhary – Appellant
Versus
State of M. P. – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Sanjeev K. Singh, Advocate
For the Respondent:Ajay Shukla, Govt. Advocate

ORDER

Sheel Nagu, J.—Inherent powers of this Court u/S. 482 Cr.P.C. are invoked assailing the order dated 18.10.2019 (Annexure-A/2) by which though petitioner was granted bail u/S. 439 Cr.P.C., but grant was made inter alia subject to the condition of deposit of Rs. 2,50,000/- as term deposit in a scheduled bank. It is submitted that due to paucity of funds, petitioner has not been able to avail the benefit of bail otherwise granted to him on merits, merely due to non-furnishing of term deposit of Rs. 2,50,000/-. It is submitted that the financial hardship ought not to come in way of petitioner who is otherwise held entitled to bail.

2. Petitioner has placed reliance on MANU/SC/0089/2021 : 2021 (2) SCC 779 (Dilip Singh Vs. State of M.P. and others), wherein Apex Court in a case arising from this High Court has held that condition of deposit of money as prerequisite for grant of bail, is unlawful. For ready reference and convenience, relevant Paragraphs 3, 4 and 5 of the said judgment are reproduced below:—

“3. By imposing the condition of deposit of Rs. 41 lakhs, the High Court has, in an application for pre-arrest bail under Section 438 of the Criminal Procedure Code, virtually

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