Rajat Sharma vs State Of M.P.
2021 Latest Caselaw 2624 MP

                                                            1                            MCRC-2724-2021
                                 The High Court Of Madhya Pradesh
                                           MCRC-2724-2021
                                                   (RAJAT SHARMA Vs STATE OF M.P.)

                      4
                      Indore, Dated : 22-06-2021
                                Heard through Video Conferencing.
                                Shir Bablu Patel, learned counsel for the applicant.
                                Shri Aditya Garg, learned counsel for the respondent/State.

Learned counsel for the applicant submits that the applicant is in jail since 21.09.2020. The learned trial court has allowed the bail application

under Section 439 of Cr.P.C. vide order dated 14.10.2020 by imposing condition of pre deposit of Rs.10,00,000 (Rupees Ten Lakhs) in cash. He further submits that the applicant is not in a position to deposit the said amount because he is in custody and such condition is an arbitrary condition. The Apex Court in various judgments has held that such condition cannot be imposed while granting bail. Since last three occasions, case diary is not available and petition is pending since January 2021.

In view of the above, the trial court is directed to release the applicant as per the other conditions imposed vide order dated 14.10.2020 excluding

the condition to deposit Rs. 10,00,000/-.

Meanwhile, case diary be called for.

List in the week commencing 12.07.2021 alongwith case dairy.

(VIVEK RUSIA) JUDGE

Praveen

Digitally signed by PRAVEEN NAYAK Date: 2021.06.22 18:52:07 +05'30'