MAHENDRA NATH ROY Vs. STATE

JUDGEMENT

(1.) G. P. Mathur, J. This petition under Section 482, Cr. P. C. has been filed for quashing the condition implored in the bail order passed by ACJM, Lucknowon 19-4-1989 in a case under Sections 406/420, IPC whereby the applicant was directed to pay Rs. 5,000/- to the complainant by 30-4-1989 and Rs. 15,000/- within three months. It was further directed that in case the aforesaid condition is not complied with, bail granted to the applicant would stand automatically cancelled.

(2.) JAGAT Narain Roy-opposite party No. 2 lodged an F. I. R. against the applicant-Mahendra Nath Roy at P. S. Maha Nagar, Lucknow on 11-4-1989 alleging that he had given two bank drafts of Rs. 10,000/- each to the accused-applicant for depositing the same in the L. D. A. but in stead of depositing the drafts in the ac count of the complainant, the accused deposited the same in his own account and also in the account of his wife, as both of them had been allotted some property by the development authority. On the basis of the aforesaid F. I. R. a case was registered as Crime No. 159 of 1989 under Sections 406/420, IPC against the applicant at P. S. Maha Nagar, Lucknow. The applicant sur rendered in the Court of learned Magistrate and moved an application for bail. The 2nd ACJM, Lucknow by his order dated 19-4-1989 granted bail to the ap plicant. However, he imposed a condition in the bail order which has been impugned in the present petition.

(3.) IN the result, the petition succeeds and is hereby allowed. The direction issued for payment of amount of Rs. 20,000/- by the applicant to the complainant is hereby quashed. The remaining part of the bail order shall stand and the applicant shall continue to be on bail provided he has furnished bail bonds in accordance with law. Petition allowed. .