1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. Criminal Misc. Petition No.83/2009 Sushant Bansal vs. State of Rajasthan Date of Order: 22.1.2009 HON'BLE MR.JUSTICE BHANWAROO KHAN Mr. Ajay Gupta for the petitioner Miss. Manju Dave, P.P. The petitioner is an accused in FIR No.84/2008 registered for offence under Sections 420, 467, 468 and 406 IPC at police station Karghani, Jaipur. He was arrested by the police in this case. Therefore, a bail application under Section 439 Cr.P.C. was filed for grant of bail. Learned Additional Sessions Judge No.6, Jaipur City, Jaipur vide order dated 22.12.2008 while deciding the bail application asked the petitioner to have a compromise with the complainant and to pay the due amount within a period of one and half months and only thereafter, the petitioner can be released on bail. Against this condition contained in the order dated 22.12.2008, the petitioner has approached this Court by way of filing the present petition under Section 482 Cr.P.C. Heard learned counsel for the petitioner and the learned P.P. A bare perusal of the condition imposed in the 2 impugned order by the learned court below would reveal that it is totally illegal and against the fixed norms of the settled law. It is not the duty of the court to ask the accused or the complainant to go for compromise the dispute. It is open for the accused or the complainant to arrive at a compromise or not but nobody can compel them to compromise the matter. If any amount is due or can be found due by the trial court, the trial court at the time of deciding the bail application cannot compel the accused to pay the same. If there is any allegation or connection about the amount due, unless it is adjudicated upon by the civil court, no body can ask an accused to compromise the matter and to pay the alleged due amount. Learned trial court in my opinion, has abused the authority and powers and clearly speaks about the action which is not authorised by law. Therefore, the conditions imposed by the learned trial court in the bail order deserves to be quashed. Consequently, this petition is allowed and the conditions imposed by the learned trial court compelling the petitioner to have a compromise with the complainant and then to pay the amount to him are, hereby, quashed. BHANWAROO KHAN,J. bairwa