Criminal Misc. No. M-21130 of 2010(O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-21130 of 2010(O&M) Date of Decision: November 30, 2011 Sumeet Handa and others ... Petitioners Versus State of Haryana and another ... Respondents CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH Present: Mr.H.S.Bhullar, Advocate, for the petitioners. Mr.Satyavir Singh Yadav, Deputy Advocate General, Haryana for respondent – State. Mr.Sanjay Jain, Advocate for respondents No.2. NAWAB SINGH J.(ORAL) Challenge is to the condition of depositing Rs.10 lacs, imposed vide order dated July 16th, 2010 passed by Additional Sessions Judge, Yamuna Nagar on the application for bail filed by the petitioners in case First Information Report No.280 dated July 1st, 2010, registered under Sections 406, 498-A and 506 of the Indian Penal Code, in Police Station City Jagadhri. The operative of the order reads as under:- “12. In view of the foregoing, it is ordered that in the event of their arrest, the applicants-accused shall be released on bail on their furnishing personal bonds in the sum of Rs.1,00,000/- (Rs. One lac) each with one surty each in the like amount to the satisfaction of the arresting officer/SHO subject to the condition that they shall deposit a sum of Rs.10,00,000/- (Rs.Ten Lac) by way of F.D.R. In the name of the complainant in any nationalized bank, initially for a period of two years, and hand over the F.D.R. to the Investigating Officer within 15 days from today....” Criminal Misc. No. M-21130 of 2010(O&M) [2] 2. On July 26th, 2010, Nirmaljit Kaur, J. passed the following order:- “This is a petition under Section 438(2) read with Section 482 Cr.P.C. for modification of Order dated 16.07.2010 passed by the Additional Sessions Judge, Yamuna Nagar, so as to waive the condition of deposit of Rs.10 lacs. Notice of motion for 16.09.2010. Learned counsel for the petitioners states that Rs.10 lacs are on the higher side as the assessment of the value submitted by the petitioners before the trial Court was 1,70,000/-. It is further submitted that the petitioners are willing to deposit 1/3rd of the said amount at this stage. Accordingly, the conditional Order dated 16.07.2010 passed by Additional Sessions Judge, Yamuna Nagar, directing the petitioners to deposit Rs.10 lacs, is stayed subject to the petitioners' depositing 1/3rd of the said amount within 15 days from the receipt of a copy of this Order.” 3. Learned counsel for the petitioner has stated that in compliance of the aforesaid order, an FDR (Fixed Deposit Receipt ) (Annexure R2/1) of an amount of Rs.3,33,350/- has been prepared in the name of the complainant. 4. In view of the bona-fide shown by the petitioners, this Court is of the opinion that the condition of depositing Rs.10,00,000/- imposed in the order, under challenge, needs to be modified to the extent of depositing Rs.3,33,350/- only. Ordered accordingly. 5. Petition is disposed of in the above terms. November 30, 2011 ( NAWAB SINGH ) Criminal Misc. No. M-21130 of 2010(O&M) [3] gian JUDGE