Avinash Arora & Ors. Vs. State of U.T. Chandigarh & Anr.
EmailAppeal: Criminal Appeal Nos.371-372/2000
(Arising out of S.L.P(Crl.) Nos.3310-3311/1999)
Petitioner: Avinash Arora & Ors.
Respondent: State of U.T. Chandigarh & Anr.
Apeal: Criminal Appeal Nos.371-372/2000
(Arising out of S.L.P(Crl.) Nos.3310-3311/1999)
Judges: G.B. PATTANAIK & U.C. BANERJEE, JJ.
Date of Judgment: Apr 13, 2000
Head Note:
CRIMINAL LAW
Criminal Procedure Code, 1973
Section 438 – Anticipatory bail – High Court directing deposit of Rs.10 crores – Cheque deposited – Then orders for deposits from personal account – Exercise of discretion, held, bad. Orders set aside for disposal a fresh.(Para 2)
JUDGEMENT:
ORDER
1. Leave granted.
2. The Appellants have been alleged to have committed offence under Sections 420, 406, 468, 467, 471 and 120-B, I.P.C. On an application being filed under Section 438 of the Code of Criminal Procedure, the High Court of Punjab and Haryana granted anticipa-tory bail, subject to deposit of Rs.10 crores. The Appellants did avail of the order by issuing a cheque of Rs.10 crores from the IFCI ‘No Lien Account’. The earlier order was, however, modified requiring the Appellants to deposit Rs.10 crores from his own account. It is this order which is now being assailed before us. Mr. Jain, the learned senior Counsel appearing for the Appellants contends that requiring to deposit Rs.10 crores itself is an unjust order and cannot be held to be proper exercise of discretion by the Court for grant of anticipatory bail under Section 438. Ms. Jaiswal, the learned Counsel for the State as well as the learned Counsel appearing for IFCI contends that the Court ought not to have exercised its discretion under Section 438, in view of the nature of accusation. But the Court having done so by requiring the Appellants to deposit Rs.10 crores, the same need not be interfered with. Having heard the learned Counsel for the parties, we have no hesitation to come to the conclusion that the Court committed error in passing the conditional order of depos-iting Rs.10 crores for grant of anticipatory bail as in our view, this cannot be held to be an exercise of judicial discretion. In that view of the matter, we set aside the impugned direction and remit the matter to the High Court for re-disposal of the peti-tion filed under Section 438 of the Code of Criminal Procedure, in accordance with law.
3. This appeals are disposed of.
1. Leave granted.
2. The Appellants have been alleged to have committed offence under Sections 420, 406, 468, 467, 471 and 120-B, I.P.C. On an application being filed under Section 438 of the Code of Criminal Procedure, the High Court of Punjab and Haryana granted anticipa-tory bail, subject to deposit of Rs.10 crores. The Appellants did avail of the order by issuing a cheque of Rs.10 crores from the IFCI ‘No Lien Account’. The earlier order was, however, modified requiring the Appellants to deposit Rs.10 crores from his own account. It is this order which is now being assailed before us. Mr. Jain, the learned senior Counsel appearing for the Appellants contends that requiring to deposit Rs.10 crores itself is an unjust order and cannot be held to be proper exercise of discretion by the Court for grant of anticipatory bail under Section 438. Ms. Jaiswal, the learned Counsel for the State as well as the learned Counsel appearing for IFCI contends that the Court ought not to have exercised its discretion under Section 438, in view of the nature of accusation. But the Court having done so by requiring the Appellants to deposit Rs.10 crores, the same need not be interfered with. Having heard the learned Counsel for the parties, we have no hesitation to come to the conclusion that the Court committed error in passing the conditional order of depos-iting Rs.10 crores for grant of anticipatory bail as in our view, this cannot be held to be an exercise of judicial discretion. In that view of the matter, we set aside the impugned direction and remit the matter to the High Court for re-disposal of the peti-tion filed under Section 438 of the Code of Criminal Procedure, in accordance with law.
3. This appeals are disposed of.
