ASHOK KACHARU MALVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. With the consent of both the sides the matter is heard finally at the stage of admission.

(2.) Couple of accused from the Crime No.347/2019 registered with Shrirampur City Police Station, for the offence punishable under Section 406, 420, 465, 468 read with Section 34 of the Indian Penal Code are before this Court invoking the powers under Section 482 of the Code of Criminal Procedure being aggrieved and dissatisfied by the order passed by the learned Additional Sessions Judge, Shrirampur in Criminal MA.No.106/2020 on 09.07.2020 whereby the learned Additional Sessions Judge imposed further conditions for releasing them on bail, over and above what were imposed by the learned Magistrate while granting bail under Section 437 of the Code of Criminal Procedure.

(3.) The learned advocate for the applicants would submit that the learned Magistrate for the reasons recorded in the order had directed the applicants to be released on bail subject to usual conditions. Being aggrieved and dissatisfied the original informant who represents his bank preferred a Revision under Section 397 of the Code of Criminal Procedure seeking cancellation of the bail. The learned Additional Sessions Judge, suo moto, having concluded that the Revision was not maintainable, the order granting bail being an interlocutory order directed the proceeding to be converted as an Application under Section 439 (2) of the Code of Criminal Procedure. It is thereafter by the impugned order few onerous conditions have been imposed which in effect deprive the applicants of their valuable right to be released on bail. No such onerous conditions could have been imposed. The learned Additional Sessions Judge has over enthusiastically sought an undertaking from the applicants that they would not alienate or transfer their properties and further directed them to deposit Rs.5,00,000/- each as a cash security.