Rahul Chaturvedi, J. - (1.) Heard Sri Nasiruzzaman and Mohit Kumar Jaiswal, learned counsel for the applicant, Sri Azhar Hussain and Sri A.Z. Khan, learned counsel for the O.P. No. 2, learned AGA for the State and perused the record. By means of the instant criminal misc. application under Section 482 Cr.P.C. the learned counsel for the applicant is invoking the extra ordinary powers under Section 482 Cr.P.C. to quash the condition imposed by learned Additional Sessions Judge, Court No. 1, Agra while allowing the bail application No. 5114 of 2017 dated 10.11.2017.
(2.) I have gone through the impugned bail order, by which the learned Sessions Judge has enlarged the applicant on bail on a condition that, in the event, the applicant deposits Rs. 3.55 lacs principal amount and 9% per annum interest over it from 3.1.2011. Besides other statutory conditions he shall be released on bail.
(3.) It is contended by the counsel for the applicant that this condition by itself is not only oppressive, abnormal and unheard-of in the criminal jurisprudence. It is further contended that by means of this condition the learned Sessions Judge has virtually hold the applicant guilty for the offence under Sections 420, 406 IPC without holding any trial of the same. In order to buttress his contention, the learned counsel has relied upon an old judgment of Hon'ble Apex Court in the case of Moti Ram and others v. State of M.P., 1978 AIR(SC) 1594, delivered by His Lordship V.R. Krishnaiyer (As His Lordship then was). In the aforesaid judgment it has been held : "Social Justice is the signature tune of our Constitution and the littleman in peril of losing his liberty is the consumer of social justice. And the grant of bail can be stultified or made impossibly inconvenient and expensive if the Court is powerless to dispense with surety or to receive an Indian bailor across the district borders as good or the sum is so excessive that to procure a wealthy surety may be both exasperating and expensive. The problem is plainly one of human rights, especially freedom vis--vis, the lowly and necessitates the Supreme Court to interdict judicial arbitrariness deprivatory of liberty and ensure "fair procedure" which has a creative connotation after Maneka Gandhi, 1978 2 SCR 621.";