Imposing a condition of depositing money as excessively onerous and unreasonable may amount to denial of bail.

JUDGMENT

Daya Chaudhary, J. - The present petition under section 439 (1) (b) Cr.P.C., 1973 read with Section 482 Cr.P.C , 1973has been filed for setting aside the condition of depositing an amount of Rs. 5 lacs in cash imposed by learned Additional Sessions Judge, Gurugram vide order dated 14.05.2018 while granting regular bail to the petitioner during pendency of the trial in case FIR No.195 dated 05.03.2018 registered under Sections 180, 420, 467, 468, 471 IPC and 66 I.T. Act at Police Station DLF, Sector 29, Gurugram.

2. Learned counsel for the petitioner contends that the petitioner has been ordered to be released on bail subject to deposit of an amount of Rs. 5 lacs, whereas, it is very difficult for the petitioner to arrange and deposit the said amount. The petitioner is a woman and a divorce petition is also pending between her and her husband. Learned counsel further contends that condition of depositing the aforesaid amount is not only illegal and arbitrary but unreasonable also. The petitioner is having no criminal background and a serious prejudice will be caused to her as due to non-deposit of said amount, she cannot be released on bail. Learned counsel also contends that the petitioner also filed an application for modification of order dated 14.05.2018, which was dismissed vide order dated 31.05.2018. Learned counsel for the petitioner has also relied upon the judgments of Hon'ble Apex Court in the case of Sandeep Jain v. National Capital Territory of Delhi rep. by Secretary, Home Department 2000 (1) RCR (Criminal) 517, Ramathal and others v. Inspector of Police and another 2009 (12) SCC 721 and of Madras High Court in the case of Amaldoss and others v. State, Rep. by the Inspector of Police, Patteeswaram Police Station, Thanjavur District 2015 (13) RCR (Criminal) 809, in support of his contentions.

3. Learned counsel for the respondent-State has opposed the submissions made by learned counsel for the petitioner on the ground that a detailed order has been passed while granting bail to the petitioner subject to deposit of an amount of Rs. 5 lacs. The trial Court is having power to impose such condition by considering the facts and circumstances of the case as has been held in various judgments. Learned counsel also submits that it cannot be said that the said condition is arbitrary or illegal as there is a specific provision to impose such condition.

4. Heard the arguments advanced by learned counsel for the parties and have also gone through the contents of the FIR as well as order dated 14.05.2018 passed by Additional Sessions Judge, Gurugram, whereby, the petitioner was ordered to be released on bail subject to deposit of an amount of Rs. 5 lacs by the petitioner.

5. Section 437 Cr.P.C., 1973 empowers the authority of law to impose any condition while granting bail to any person accused of, which reads as under:-

section 437 in The Code Of Criminal Procedure, 1973

"437. When bail may be taken in case of non- bailable offence. (1) When any person accused of, or suspected of, the commission of any non- bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but-

(i) Such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life;

(ii) Such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a non-bailable and cognizable offence:

Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail it such person is under the age of sixteen years or is a woman or is sick or infirm:

Provided further that th