AMAR SINGH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this application for modification of the order dated 05/01/2018 passed in M.Cr.C. No. 22956/2017. The aforesaid bail application was allowed subject to following conditions:-

(2.) It is contended by learned counsel for the applicant that the applicant and his family has only living house. Apart from this applicant has not been convicted. If house will be sold and the applicant ultimately acquit from the charges then it is not possible for the Bank to hand over the house of the applicant to him. The applicant has been deprived his legal right to hold property without due process of law. It is further submitted by learned counsel for the applicant that applicant is willing to mortgage the house as surety and in the even if the applicant be convicted by the Court and found liable for embezzlement of the amount, Bank is at liberty to sale the mortgage property if the applicant fails to deposit the amount.

(3.) Learned counsel for the Bank has submitted that this court granted bail to the applicant under certain circumstances and it is obligatory on the part of the applicant that he has to obey the condition imposed by the Bank.