(Uday Umesh Lalit, Indira Banerjee and K.M. Joseph, JJ.)
Criminal Appeal No. 465 of 2021 (@ out of SLP (Crl.) No. 6235/2020), decided on May 4, 2021
Suresh Kukreja ____________________________________ Appellant;
v.
State of M.P. and Another _______________________ Respondent(s).
With
Criminal Appeal Nos. 466-467 of 2021
(@ out of SLP (Crl.) Nos. 748-749/2021)
Criminal Appeal No. 465 of 2021 (@ out of SLP (Crl.) No. 6235/2020) and Criminal Appeal Nos. 466-467 of 2021 (@ out of SLP (Crl.) Nos. 748-749/2021)
The Order of the court was delivered by
Order
CRIMINAL APPEAL NO. 465 OF 2021
(@ out of SLP (Crl.) No. 6235/2020
1. Leave granted.
2. This appeal challenges the judgment and order dated 28-05-2020 passed by the High Court of M.P. at Indore in MCRC No. 13869/2020.
3. In connection with crime registered pursuant to FIR No. 0012 of 2020 dated 15.01.2020 lodged with S.T.F. Police Station, Bhopal, Madhya Pradesh in respect of offences punishable under Section 406, 420, 448 read with 120B, the appellant was taken in custody on 21.01.2020. His application preferred under Section 439 of the Code of Criminal Procedure seeking release on bail was allowed by the High Court vide order dated 28.05.2020. However, the High Court imposed a condition to the effect that the appellant would deposit National Saving Certificates in the sum of Rs. 50 lakhs with the Trial Court.
4. The condition was complied with and the appellant has been enjoying the relief of bail since 01.06.2020.
5. Submitting inter alia that the condition so imposed by the High Court is quite onerous and the appellant had to borrow money from market to comply with the condition, the instant appeal has been preferred.
6. Notice was issued to the respondent-State on 15.12.2020 and by further order dated 26.03.2021, notice was also issued to the original-complainant.
7. According to the office report, the original-complainant though served, has not chosen to enter appearance in the instant matter.
8. We have heard Mr. Kamlesh Vaswani, learned advocate in support of the appeal and Mr. Saurabh Mishra, learned AAG appearing for the State.
9. Considering the entirety of the matter, in our view, the condition imposed by the High Court while releasing the appellant on bail is definitely onerous and the appellant deserves to be relieved of the condition.
10. Ordered accordingly.
11. We therefore, allow this appeal and the order under challenge to the extent it imposed the condition of depositing Rs. 50 lakh in the Registry of the Trial Court is set aside.
12. The money deposited by the appellant, pursuant to the directions issued by the High Court, shall be returned to the appellant within two weeks from the date of this order.
13. With the aforesaid directions, this appeal is allowed.
CRIMINAL APPEAL NOs. 466-467 OF 2021
(@ out of SLP (Crl.) Nos. 748-749/2021)
14. Leave granted.
15. These appeals challenge the judgment and orders dated 25-06-2020 and 25.08.2020 in M.Cr.C. No. 17013 of 2020 and M.Cr.C. No. 28256 of 2020 respectively passed by High Court of Madhya Pradesh at Indore.
16. In the case pertaining to Suresh Kukreja i.e. the father of this appellant, relief has been granted. The facts in this case are absolutely identical and for the reasons stated in the appeal concerning Suresh Kukreja, these appeals are allowed in same terms.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 6235/2020
Suresh Kukreja ______________________________________ Petitioner
v.
State of M.P. & Anr _____________________________ Respondent(s)
(IA No. 126397/2020 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
WITH
SLP(Crl) No. 748-749/2021 (II-A)
(IA No. 10873/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Date : 04-05-2021 These matters were called on for hearing today.
(Before Uday Umesh Lalit, Indira Banerjee and K.M. Joseph, JJ.)
For Petitioner(s) Mr. Kamlesh Vaswani, Adv.
Mr. Manan Verma, AOR
For Respondent(s) Mr. Saurabh Mishra, AAG
Mr. Sunny Choudhary, AOR
Ms. Anuradha Mishra, Adv.
UPON hearing the counsel the Court made the following
ORDER
17. Leave granted.
18. The appeals are allowed in terms of the signed order.
19. Pending applications, if any, shall stand disposed of.
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