Amit Jain vs The State Of Madhya Pradesh
2022 Latest Caselaw 3394 MP

                                                                          1
                                          IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                        BEFORE
                                                          HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                ON THE 10th OF MARCH, 2022

                                                      MISC. CRIMINAL CASE No. 4645 of 2022

                                              Between:-
                                              AMIT JAIN S/O LATE SHRI PHOOLCHAND JAIN ,
                                              AGED ABOUT 45 YEARS, OCCUPATION: BUSINESS
                                              R/O RANDAV NAGAR, SHAHDOL DISTRICT
                                              SHAHDOL M.P. (MADHYA PRADESH)

                                                                                                        .....PETITIONER
                                              (BY SHRI SANJEEV KUMAR SINGH, ADVOCATE)

                                              AND

                                     1.       THE STATE OF MADHYA PRADESH THROUGH
                                              POLICE STATION SOHAGPUR DISTRICT SHAHDOL
                                              M.P. (MADHYA PRADESH)

                                     2.       RAMESHDEEN BAIGA S/O NOT MENTION
                                              OCCUPATION: NIL R/O VILLAGE KANCHANPUR
                                              POLICE STATION SOHAGPUR DISTRICT SHAHDOL
                                              M.P. (MADHYA PRADESH)

                                                                                                      .....RESPONDENTS
                                              (BY SHRI S.S.PARIHAR, PANEL LAWYER)

                                           This application coming on for admission this day, the court passed the
                                     following:
                                                                           ORDER

This petition under Section 482 of the Cr.P.C. has been filed by the applicant for modification of order dated 02.09.2021 passed by this Court in Criminal Appeal No.4303/2021 wherein while allowing the bail application of the applicant, a condition has been imposed by this Court to furnish Bank security of Rs.3 Lacs within a period of fifteen days.

Learned counsel for the applicant submits that the applicant is not having sufficient means of earning and, therefore, is unable to furnish the Bank security of Rs.3 Lacs as mentioned in the order dated 02.09.2021 passed in Criminal Appeal No.4303/2021. He submits that the Bank security to the tune of Rs. 3 Lacs be reduced to Rs.1,50,000/- (Rupees One Lac Fifty Thousand Only) looking to the financial position of the applicant. He has placed reliance upon the judgment Signature Not Verified SAN

passed by the Hon'ble Supreme Court in the case of Dilip Singh Vs. State of Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY

M.P. and another as reported in (2021) 2 SCC 779. He undertakes to deposit Date: 2022.03.12 16:30:20 IST

Rs.1,50,000/- (Rupees One Lac Fifty Thousand Only) within a period of fifteen days from today.

Learned PL for the respondent State on the other hand has opposed the petition.

Keeping in view the facts and circumstances of the case in the entirety, in the opinion of this Court, the condition enumerated in the order dated 02.09.2021 passed by this Court in Criminal Appeal No.4303/2021 with respect to deposition of Rs.3 Lacs is hereby modified to the extent that the applicant shall now deposit a sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand Only) as Bank Security before the concerning Court within a period of 15 days from today.

The order shall be read conjointly with the order dated 02.09.2021 passed by this Court in Criminal Appeal No.4303/2021.

With the aforesaid, this petition stands disposed of. Certified copy as per rules.

A copy of this order be kept in the record of Criminal Appeal No.4303/2021.

(VISHAL MISHRA) JUDGE AM

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.03.12 16:30:20 IST