1 SLP (Crl.) No.228/2023
ITEM NO.9 COURT NO.13 SECTION II-A S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 228/2023 (Arising out of impugned final judgment and order dated 08-08-2022 in CRM No. 18579/2022 passed by the High Court Of Judicature At Patna)
BASUDEV SAH @ SHREE BASUDEV LAL SAH Petitioner(s)
VERSUS
THE STATE OF BIHAR Respondent(s)
IA No. 201403/2022 – EXEMPTION FROM FILING O.T.)
Date : 18-01-2023 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE S. RAVINDRA BHAT
HON’BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s) Mr. Shyam Kishore Sharma, Sr. Adv.
Ms. Prerna Singh , AOR
For Respondent(s) Mr. Abhinav Mukerji, AOR
Mr. Akshay C. Shrivastav, Adv.
Mrs. Bihu Sharma, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The petitioner is aggrieved by a condition imposed by the High Court while granting bail i.e. deposit of 50% salary by him, during the period of his employment. The allegation against him was of fabricating documents and using them to obtain employment (the FIR names Sections 467-468, 471, 120(B) and 420 IPC). The High Court deemed 2 SLP (Crl.) No.228/2023 it appropriate to grant anticipatory bail but imposed the condition that 50% of the salary earned by him for entire duration of the employment ought to be deposited within six months from the impugned order. The petitioner appears to have secured employment on the basis of the allegedly false Matriculation Certificate issued in 2004. He undoubtedly worked for several years. Therefore, imposition of the condition of having to deposit 50% of the salary earned, on the basis of the allegations in the FIR, in this Courts opinion, is too onerous and cannot be sustained. In the circumstances, the said condition is hereby set aside. The petitioner shall be released on anticipatory bail subject to such other conditions as the Trial Court may impose in the facts and circumstances of the case.
The Special Leave Petition is disposed of in the above terms.
All pending applications are disposed of.
(DEEPAK JOSHI) (MATHEW ABRAHAM)
COURT MASTER (SH) COURT MASTER (NSH)