BADAR DURREZ AHMED, J.

( 1 ) THE learned counsel for the petitioners pointed out that in this case the petitioners had already been granted anticipatory bail by an order of the learned Additional Sessions Judge passed on 17th January, 2005. However, he said that while making the said order of anticipatory bail the learned Additional Sessions judge had made the same conditional upon the applicants paying a sum of Rs. 1 lac to the complainant within two weeks. According to the learned counsel for the petitioners such a condition was unreasonable, onerous and could not at all have been imposed inasmuch as these proceedings could not be converted into recovery proceedings. It is for this reason that the present petitioners are before this Court praying for indulgence under the provision of Section 438 of the Criminal Procedure code, 1973.

( 2 ) THE learned counsel for the State argued that the petitioners have already got the benefit of anticipatory bail and the so called condition of paying a sum of Rs. 1 lac to the complainant was not one which was imposed by the Court while granting bail but had proceeded from the petitioners themselves as would be clear upon a reading of the order

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