[Cites 1, Cited by 0]
Madhya Pradesh High Court
Narayan Alias Bhura Koshal vs The State Of Madhya Pradesh on 11 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:8510
1 MCRC-9984-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 11th OF MARCH, 2026
MISC. CRIMINAL CASE No. 9984 of 2026
NARAYAN ALIAS BHURA KOSHAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Prashant Sharma - Advocate for the petitioner [P-1].
Shri Samar Ghuraiya Dyga appearing on behalf of Advocate
General[r-1].
ORDER
The present petition has been filed under Section 482 of the Code of
Criminal Procedure, 1973 / Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 seeking relaxation/modification of the bail condition imposed
by this Court in M.Cr.C. No. 3266/2026 vide order dated 28.01.2026.
Learned counsel for the applicant submitted that he had filed a second
regular bail application before this Court, which was registered as M.Cr.C.
No. 3266/2026. The said application was allowed by this Court vide order
dated 28.01.2026, whereby the applicant was granted bail subject to certain
conditions. In the said order, this Court imposed the following condition:
"Accordingly, without expressing any opinion on merits of the case,
this application is allowed and it is directed that the applicant be released on
bail subject to depositing Rs.16,00,000/- (Rupees Sixteen Lacs) before the
NEUTRAL CITATION NO. 2026:MPHC-GWL:8510
2 MCRC-9984-2026
Trial Court and upon furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand only) with one solvent surety of the like amount to
the satisfaction of the Trial Court/Committal Court for his appearance on the
dates given by the concerned Court."
It is submitted by learned counsel for the applicant that he is not
financially capable of complying with the condition of depositing
₹16,00,000/- as imposed in the aforesaid bail order. Due to his weak
financial condition and other unavoidable circumstances, the applicant is
unable to arrange such a large amount. Therefore, the present petition is
being filed seeking relaxation/modification of the said condition.
Learned counsel for the respondent/State opposes the prayer and
submits that the condition regarding deposit of the amount was imposed by
this Court while granting the benefit of bail, considering the nature and
gravity of the offence. It is further submitted that the applicant has not
complied with the said condition till date and no sufficient ground has been
made out for modification of the order passed. It is argued that mere financial
difficulty is not a valid ground for exercising inherent powers under Section
482 of the Code of Criminal Procedure, 1973 to alter a specific condition
imposed at the time of granting bail.
Having heard learned counsel for the parties and upon perusal of the
record, this Court finds that the condition regarding deposit of ₹16,00,000/-
was imposed while granting bail to the applicant vide order dated 28.01.2026
passed in M.Cr.C. No. 3266/2026.
Considering the submissions made by learned counsel for the
NEUTRAL CITATION NO. 2026:MPHC-GWL:8510
3 MCRC-9984-2026
applicant regarding his financial difficulty and in the interest of justice, this
Court is inclined to modify the condition imposed in the aforesaid order to a
limited extent.
Accordingly, the present petition filed under Section 482 of the Code
of Criminal Procedure, 1973 / Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 is allowed.
It is directed that the applicant shall be released on bail subject to
depositing a sum of ₹8,00,000/- (Rupees Eight Lakh only) before the Trial
Court at the time of his release and upon furnishing the personal bond and
surety as directed in the order dated 28.01.2026. The applicant shall further
deposit the remaining amount of ₹8,00,000/- (Rupees Eight Lakh only)
within a period of 15 days from the date of his release.
It is made clear that in case the applicant fails to deposit the remaining
amount within the aforesaid period, the bail granted to the applicant shall
automatically stands cancelled and the applicant shall surrender before the
concerned Court and undergo custody in accordance with law.
Except for the aforesaid modification, all other conditions imposed in
the order dated 28.01.2026 passed in M.Cr.C.No.3266 of 2026 shall remain
unchanged.
With the aforesaid directions, the present petition stands disposed of.
(MILIND RAMESH PHADKE)
JUDGE
(aspr)
