MANISH CHAWLA Vs. STATE

JUDGEMENT

(1.) THIS is an application u/s 440 read with section 439(1)(b) and 482 of Cr.P.C. filed by the petitioner to set aside the order dated 28th June, 2013 passed by the ld.ASJ, Delhi wherein prayer is made to remove the condition of deposit of alleged cheated amount in bail order dated 20th June, 2013 passed by the ld.Chief Metropolitan Magistrate in FIR No.56/2012 registered u/s 420/406/467/468/471/120B IPC at PS EOW, Delhi. Further prayer is made for reducing the bail bond amount to Rs. 20,000/- from the sum of Rs.1 lakh.

(2.) LEARNED counsel for the petitioner submits that petitioner was arrested in some other case u/s 138 of the Negotiable Instruments Act on 11.5.2012. In the present case, he was arrested on 8th June, 2012 and since then he is in judicial custody.

(3.) LEARNED counsel for the petitioner submits that as per prosecution case, the alleged cheated amount is Rs.15 crores and the said condition of deposit of cheated amount is onerous and beyond the ability of the petitioner and imposing such a condition amounts to denial of relief of bail though otherwise granted to the petitioner.