NARAYAN DIWAKAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.c. read with Section 440 Cr.P.C. has been filed for reducing the bail bond amount in RC No. 8(E)/2005/BSandFC/CBI/New Delhi. It is stated by the petitioner that petitioner was a Registrar of Delhi Co-operative Societies and was involved in 70 odd cases out of which he has been granted bail in 17 cases. He has given details of the cases in which he has been granted bail. He submits that the learned Special Judge has asked to execute surety bond of Rs.50,000/- in the above case and the Special Court was in practice of accepting the surety bond on furnishing an FDR of surety amount. Thus, the petitioner has to arrange the surety amount in each case when bail is granted, he has therefore, prayed that his surety amount in RC No. 8(E)/2005/BSandFC/CBI/New Delhi be reduced. He has been asked to furnish personal bond and surety of Rs.50,000/-, he has prayed that this amount be reduced to Rs.5,000/-.

(2.) THE accused was holding a very responsible position and he allegedly misused his office and in collusion with co-accused registered a number of fake societies. Such societies, on the basis of registration obtained land in Delhi. Many members of these societies were also fake members. Entire racket was unearthed by CBI. When this whole racket of fake societies was unearthed, the accused absconded and he could be arrested by CBI after great effort. Looking into the conduct of the accused and his absconding, I consider that neither it would be proper for this Court to reduce the surety bond nor this Court can give directions to the Special Judge as to what should be the conditions put by him for grant of surety. This discretion is of the Special Judge and this Court cannot preempt the Special Judge or usurp the power of Special Judge. However, I consider that the Special Judge while considering the surety produced by the petitioner, should consider the financial soundness on the basis of assets of the surety and should not insist on deposit of the surety amount in the form of FDR. This writ petition under Section 482 Cr.P.C. is disposed of with above directions.