The discretion of the court to impose conditions for granting bail, the wide amplitude of conditions that can be imposed, and the need for such conditions to secure the purposes mentioned in the law.

M.L. MEHTA, J.

1. The present revision petition is preferred under Section 397/401 Cr.P.C. read with Section 482 Cr.P.C. assailing the order 31.03.2012 passed by the ld. ASJ (Fast Track Court) whereby the order dated 27.09.2011 passed by the ld. ASJ granting bail to the petitioner on the condition of furnishing bank guarantee of 50% of the alleged cheated amount in the Court was affirmed.

2. The case was lodged under Section 420, 506 IPC on 10.08.2011 by the complainant Mr. Jitender who is the Manager of M/s Nu Line Industries Pvt. Ltd. and M/s Tripulati Aluminum ltd. alleging that his companies had supplied aluminum wire rods to the petitioner’s company M/s Tanishka Industry. According to the complaint, the total value of the wire rods supplied to the petitioner amounts to Rs. 89,40,147/-. It has been alleged that the petitioner refused to make the payment for the material supplied to him and extended threats to the complainant when he demanded the payment. The petitioner was taken into judicial custody on 23.08.2011. While disposing the bail application filed by the petitioner, the ld. ASJ imposed the impugned condition for grant of bail which was affirmed by ld. ASJ (Fast Track Court) .Hence the present petition.

3. The learned counsel for the petitioner has prayed for the modification of the order of granting bail on the condition of furnishing bank guarantee of 50% of the alleged cheated amount in the Court terming it as onerous and as tantamounting to denial of bail, in spite of the bail order, as it is not possible for the petitioner to fulfill the condition. Reliance has been placed on Sandeep Jain Vs. State (NCT of Delhi) (2000) Crl.LJ 807 to emphasise the fact that while granting bail, the court should be cautious not to impose unreasonable conditions. It has been further submitted that the trial Court has assumed the role of a recovery forum by passing such an order which is against the canons of criminal jurisprudence. It has also been contended by the learned counsel for the petitioner that unless the offence for which an accused is charged is heinous in nature, the accused should normally be accorded the benefit of bail. Reliance has been placed on State of Rajasthan Vs. Balchand (1977) 4 SCC 308.

4. Per contra, the ld. APP for the State has, though not opposed the order of grant of bail to the petitioner, but objected to the present petition and submitted that considering the huge amount of wrongful loss to the complainant, the condition imposed on the petitioner for the grant of bail is just and should not be modified.

5. I have heard the rival submissions and perused the impugned order.

6. The object of bail is to secure by a pecuniary penalty, the appearance of the accused at his trial. Once an accused person is produced in court, whether under a warrant of arrest or a summons, he is thereafter under the jurisdiction of the court. An accused person is presumed innocent until his guilt is proved and depending on the nature of the offence is entitled to pre-trial liberty. The law laid down in State of Rajasthan Vs. Balchand (supra) is not at all disputed. It has been rightly laid down in the present case that normally an accused is entitled to the benefit of bail unless he is charged with the commission of a grave offence or there is a possibility of the accused to abscond from the process of law.

7. Nonetheless, the court has to balance the interests of the State and the public at large. Therefore, the exercise of judicial discretion in determining whether to grant bail and the appropriate bail quantum would always involve a careful and analytical process. This process must be based on consideration of all available information produced before the court. In the event the court releases an accused on bail, additional conditions, as deemed necessary and just, may be imposed in the bail order for the compliance by the accused. The imposition of conditions while granting bail to an accused is gover