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सोमवार, 6 जनवरी 2020

HC observed imposing onerous condition of depositing huge cash security as a condition for releasing on bail is not proper

HC observed imposing onerous condition of depositing huge cash security as a condition for releasing on bail is not proper

06-Jan-2020
Nagpur, TCS
Justice Swapna Joshi of Bombay High Court was pleased observe that imposing onerous condition of depositing huge cash security as a condition for releasing on bail is not proper. Bhushan bhusari was prosecuted by P.S.O. of P.S. Awdhutwadi Yavatmal, who has registered the offence 420, 408, 467, 468, 471, 34 of IPC vide crime no. 521/19 registered on the report lodged by complainant namely Suraj Chaudhari.

It is alleged by the complainant that, he is the authorized representative of Shriram Citi Union Finance Limited. It is also that, Bhushan bhusari is also an employee (Custodian) of Shriram Citi Union Finance Limited along with Rupesh Yadav who is Divisional officer, Amol Puri (Accountant) and Hemant Bondre (Custodian and Accountant). It is alleged by the complainant that, Shriram Citi Union Finance Limited is indulged in the business of extending Gold loan and Bhushan bhusari and aforesaid employees are responsible for keeping the gold in safe custody and depositing the amount of loan in the account of company when paid by the customers. It is alleged that, Bhushan bhusari and other employees have committed misappropriation of money to the tune of Rs, 1,16,00,000/- (One Crore and sixteen lakhs) and also replaced the original gold with spurious gold and thereby caused loss to the company.
After his arrest, Bhushan bhusari had applied for grant of regular before learned Sessions Court, Yavatmal. Learned Sessions Court, Yavatmal was pleased to allow the application preferred by the Bhushan bhusari vide order dated 9-09-19 but imposed condition to deposit an amount of Rs. 20,00,000/- with the complainant company.

That, Bhushan bhusari was not a position to comply with such an onerous condition of depositing an amount of Rs. 20,00,000/- and therefore he challenged said condition before High court submitting that, imposing such a condition amounts to refusal of bail and such a harsh condition cannot be imposed.

After hearing arguments, Justice Swapna Joshi quashed said condition and instead directed Bhushan bhusari to deposit Rs. 3,00,000/- as cash security.Adv Mir Nagman Ali appeared for Bhushan bhusari.