RUNA PASRICHA RAJPOOT Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition under Section 439 (1) (b) Cr.P.C. read with Section 482 Cr.P.C has been filed for setting aside the condition of depositing an amount of Rs. 5 lacs in cash imposed by learned Additional Sessions Judge, Gurugram vide order dated 14.05.2018 while granting regular bail to the petitioner during pendency of the trial in case FIR No.195 dated 05.03.2018 registered under Sections 180, 420, 467, 468, 471 IPC and 66 I.T. Act at Police Station DLF, Sector 29, Gurugram.

(2.) Learned counsel for the petitioner contends that the petitioner has been ordered to be released on bail subject to deposit of an amount of Rs. 5 lacs, whereas, it is very difficult for the petitioner to arrange and deposit the said amount. The petitioner is a woman and a divorce petition is also pending between her and her husband. Learned counsel further contends that condition of depositing the aforesaid amount is not only illegal and arbitrary but unreasonable also. The petitioner is having no criminal background and a serious prejudice will be caused to her as due to non-deposit of said amount, she cannot be released on bail. Learned counsel also contends that the petitioner also filed an application for modification of order dated 14.05.2018, which was dismissed vide order dated 31.05.2018. Learned counsel for the petitioner has also relied upon the judgments of Hon'ble Apex Court in the case of Sandeep Jain Vs. National Capital Territory of Delhi rep. by Secretary, Home Department, 2000 1 RCR(Cri) 517 , Ramathal and others Vs. Inspector of Police and another, 2009 12 SCC 721 and of Madras High Court in the case of Amaldoss and others Vs. State, Rep. by the Inspector of Police, Patteeswaram Police Station, Thanjavur District,2015 13 RCR(Cri) 809 , in support of his contentions.

(3.) Learned counsel for the respondent-State has opposed the submissions made by learned counsel for the petitioner on the ground that a detailed order has been passed while granting bail to the petitioner subject to deposit of an amount of Rs. 5 lacs. The trial Court is having power to impose such condition by considering the facts and circumstances of the case as has been held in various judgments. Learned counsel also submits that it cannot be said that the said condition is arbitrary or illegal as there is a specific provision to impose such condition.