- (1.) Leave granted.
(2.) This appeal is directed against the order dated 18.12.2012 passed by the High Court of Delhi at New Delhi in Bail Application No. 1479 of 2012 whereby learned single Judge of the High Court while granting anticipatory bail to the appellant herein in a case registered against him vide FIR No. 104 dated 22.08.2012 for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") directed him to deposit an amount of Rs.1,00,00,000/- (one crore) in fixed deposit in the name of the complainant in any nationalized bank and to keep the FDR with the Investigating Officer.
(3.) According to learned senior counsel for the appellant, the condition for depositing the amount in fixed deposit in the impugned order is untenable in law and is outside the purview of Section 438 of the Code of Criminal Procedure, 1973 (in short "the Code"). He further pointed out that learned single Judge, while imposing the condition for depositing the amount in fixed deposit, has failed to appreciate that the liberty for grant of anticipatory bail under Section 438 of the Code cannot be used for recovery of the alleged cheated amount to the complainant. He further pointed out that while passing the impugned order, learned single Judge failed to consider that imposing a condition of depositing an amount of Rs. 1 crore in fixed deposit would make the grant of anticipatory bail impossible for the appellant. He also pointed out that the said direction is contrary to Article 21 of the Constitution of India and results in denial of liberty to the appellant.;