OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD . The petitioner was granted regular bail by the Special Judge on 4.12.98 subject to the condition that he will deposit of sum of Rs. 2 lac which will be placed in the fixed deposit by the court to be disbursed in favour of the petitioner or the complainant depending upon the ultimate decision of the criminal proceedings. This condition could not be imposed by the learned Special Judge in a petition under Section 439 Cr.P.C. Imposition of such condition will tantamount to negation of the order vide which bail has been granted to the petitioner. Such an order could be justified while granting anticipatory bail under section 438 Cr.P.C. so as to protect the interest of the complainant. Resultantly, the present petition stands disposed of by saying that it will not be obligatory on the petitioner to deposit a sum of Rs. 2 lacs under the orders dated 4.12.98. Bail to the satisfaction of Special Judge, Faridabad, if the petitioner has not been released on bail earlier. Petition allowed.