Category Archives: 10 crores for AB struck down by Supreme court

10 CRORES for AB ! Not judicial discretion ! Onerous condition of 10 crores set aside by Supreme court !!

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Supreme Court of India

Avinash Arora And Ors. vs State Of U.T. Chandigarh And Anr. on 13 April, 2000

Equivalent citations: 2000 CriLJ 4674, JT 2000 (7) SC 501

Bench: G Pattanaik, U Banerjee

JUDGMENT

  1. Leave granted.
  2. The appellants have been alleged to have committed offence under Sections 420, 406, 468, 467, 471 and 120B, I.P.C. On an application being filed under Section 438 of the CrPC, the High Court of Punjab and Haryana granted anticipatory bail, subject to deposit 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 contend that the Court ought not to have exercised his 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 depositing 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 petition filed under Section 438 of the CrPC, in accordance with law.
  3. The appeals are disposed of.