SARKAR SAHEB Vs. STATE

JUDGEMENT

(1.) This order shall dispose of the revision petition filed under Sections 397/401 read with Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code" only) by the petitioner against an order dated 22.2.2001 passed by learned Additional Sessions Judge, Delhi by which the application for grant of anticipatory bail moved by the petitioner was allowed subject to the condition that he would deposit a sum of Rs.50,000.00 in the Trial Court.

(2.) I have heard learned counsel for the petitioner and learned counsel for the respondent and also gone through the records of the case.

(3.) Relying upon the the Judgements in Ashok Malhotra & Others Vs. State 1994 JCC 301 and Moti Ram and Others Vs. State of Madhya Pradesh, AIR 1978 SC 1594, learned counsel for the petitioner argues that the condition in regard to the deposit of Rs.50,000.00 cannot be sustained and as such, should be set aside.Learned counsel for the State, on the other hand has contended that Section 438 of the Code under which the order for anticipatory bail was passed in favour of the petitioner, clearly ostulates attaching of reasonable and as such, the prayer of the petitioner for setting aside the condition in question is without any basis. Referring to sub-clause (2)(iv) of Section 438 of the Code, he submits that any condition that may be imposed under sub-clause (3)(c) of Section 437 of the Code can be attached while granting bail under Section 438 of the Code.