DEEPAK Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the learned counsel for the parties, the petition is taken up for final hearing. Heard A.S. Shejwal, learned counsel for the petitioner and Smt. Pratibha Bharad, learned Additional Public Prosecutor for respondent/State.

(2.) By order, dated 27.11.2013, the Additional Sessions Judge, Aurangabad in application No. 1434 of 2013 exercised his discretion in favour of the present petitioner and released him on bail in connection with Crime No. 1-28 of 2013, registered with police station Jinsi, Aurangabad on his executing P.R. bond of Rs. One Lac and a surety of like amount. The learned court also directed the petitioner to deposit Rs. Ten Lacs in cash in the court. The present petition is directed against the said condition of deposit of Rs. Ten Lacs as imposed by learned court below while releasing applicant on bail.

(3.) It is not disputed at all that the present petitioner has given four cheques in favour of the first informant worth Rs. Seventy Lacs and when those cheques were deposited by the first informant with his bankers, all the cheques were returned as dishonoured by the bankers of the present petitioner.