IMPORTANT POINT
Failure to comply with bail conditions can lead to the cancellation of bail, as demonstrated in this case.

JUDGMENT :

1. By way of this petition, the petitioner prays to cancel the bail granted to the respondent accused vide order dated 7.1.2020 passed by the Coordinate Bench of this Court in Criminal Misc. Application No.22102 of 2019.

2. Heard learned advocate Ms. Dilbar Contractor for the petitioner, learned advocate Mr. Bhoharia for the respondent No.2 and learned APP for the respondent State.

3. Learned advocate for the petitioner would submit that the Coordinate Bench of this Court while granting bail to the respondent accused vide order dated 7.1.2020 passed in Criminal Misc. Application No.22102 of 2019, upon his undertaking, imposing following condition No.9(g):-

“(g) the applicant shall deposit an amount of Rs.40 lakh within a period of seven months from the date of his actual release before the concerned trial Court without prejudice to his rights and contention and he shall also file an undertaking to that effect before the concerned trial Court within a period of one week from the date of his actual release.”

4. As per the above condition, the respondent accused was required to pay Rs.40 lakh within seven months from the date of his actual release and to be deposited with the learned trial Court. The date of the order is 7.1.2020. Yet the respondent accused has only paid Rs.20 lakh before the learned trial Court. She would further submit that this order vide orders dated 5.1.2024, 12.1.2024 and 23.1.2024, has granted time to the respondent to pay the balance amount. However, the respondent accused has not paid the balance amount not fulfilled the aforementioned condition in its true letter and spirit. Thus, she submits to allow this petition.

5. On the other hand, learned APP and learned advocate for respondent No.2 request this Court to pass appropriate order.

6. Having heard learned advocates for both the sides, at the outset, what appears that while enlarging the respondent accused on bail, upon filing undertaking by the respondent accused, this Court released the respondent accused on bail with condition as mentioned in para 9(g) of the order dated 7.1.2020. Since passing of the order, the respondent accused was not cooperating and breached the aforestated condition and therefore, present petitioner has filed this petition for cancellation of bail of the respondent accused.

7. It is further come on record that out of Rs.40 lakh, the respondent has paid Rs.20 lakh. This Court in order to test bona fide of the respondent accused, vide orders dated 5.1.2024, 12.1.2024 and 23.1.2024, this Court granted time to the respondent accused to pay the balance amount. However, the respondent accused did not pay heed to the aforesaid orders and remained negligent in paying the balance amount. Under the circumstances, this Court is left out with no other alternative, but to cancel the bail granted to the respondent accused.

8. In the result, present petition is allowed and the bail granted to the respondent accused vide order dated 7.1.2020 passed by the Coordinate Bench of this Court in Criminal Misc. Application No.22102 of 2019 stands cancelled.

9. The bail bonds are cancelled. Respondent is ordered to surrender himself before the Jail authority concenred within seven days from the date of receipt of this order. Failure to do so, concerned PI is directed to secure his presence by arresting him. The SP concerned is also directed to supervise the proceeding for securing presence of the respondent-accused. Learned APP to forward the copy of this order to SP concerned for compliance of the direction given by this Court.

10. The present petition stands allowed. Rule made absolute.