ORDER

1. Applicant has filed this petition under Section 482 of the Code of Criminal Procedure making a prayer for grant of bail to the applicant.

2. It is submitted by counsel for the applicant that applicant was released on bail on condition of depositing of Rs. 8 lakhs vide order dated 22.1.2021 passed in M.Cr.C.No. 46566/2020. It is further submitted that applicant could not arrange the said money, therefore, he is in jail for more than 3 1/2 years. It is submitted that as per section 436-A of the Code of Criminal Procedure, if an accused is in jail and he has spent half of the sentence which can be imposed upon him and offence is not punishable with death or life imprisonment then he shall be released on bail. It is submitted that provisions are mandatory in nature. Magistrate after recording his reasons may continue detention. It is submitted that reason which has been given by Magistrate for continuing detention that applicant is unable to deposit Rs. 8 lakhs as per bail order.

3. Govt. Advocate for the State has opposed the petition and submitted that High Court has passed an order for grant of bail on condition of deposit. Since applicant has not fulfilled the condition, therefore, no error has been committed by the trial Court in refusing to grant bail to the applicant under the provisions of 436-A of the Code of Criminal Procedure.

4. Heard learned counsel for the parties.

5. Provisions of Section 436-A of the Code of Criminal Procedure is obligatory in nature. Court can give reason for continuing detention beyond period for which accused is in jail.

6. Considered order dated 4.3.2024. On considering the said order, it is found that reason given by the Court for continuing detention is not satisfactory. Non deposit of amount is a circumstance which was not under the control of applicant. He is in jail since long time.

7. Considering the same, this Court deems it fit to allow the petition and grant bail to the applicant exercising its inherent power under Section 482 of the Code of Criminal Procedure. Accordingly, petition is allowed.

8. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh only ) with one solvent surety in the like amount to the satisfaction of the trial Court.

9. The applicant shall also abide by the following conditions of Section 437(3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE AD/