LOKNATH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for Power Corporation who appeared on the request made by the Court and learned AGA.

(2.) In the present case accused petitioner moved an application for bail in an offence under Section 135 of Electricity Act (for short the Act). The bail was granted by the Special Court imposing a condition that an amount of Rs. 50,000/- shall be deposited within two months from the date of order passed by the Court. The accused in pursuance thereof submitted a bond filed under taking to deposit the aforesaid amount to the court. In terms of the bail order petitioner was released on bail. Now petitioner moved this petition under Section 482 Cr.P.C. to quash the condition imposed in the bail order.

(3.) A preliminary objection has been raised by learned AGA that petition under Section 482 Cr.P.C. is not maintainable for modification in order granting bail by subordinate court because for this purpose there is specific provision contained in Section 439 (b) Cr.P.C. and the remedy is available to the petitioner under the said provision.