N.N.MATHUR, J. - (1.) BY way of instant petition under Section 482 of the Code of Criminal Procedure, the petitioner seeks modification in the order dated 16.10.2002 whereby the learned Sessions Judge, Bhilwara while granting anticipatory bail under Section 438 of the code of Criminal Procedure, inter alia imposed a condition of payment of Rs. 10,00,000/-.
(2.) IT is submitted by the learned counsel that condition of depositing a sum of Rs. 10,00,000/- amounts to prejudging entire case and prejudicing the defence of petitioner. On consideration of entire material on record, I find substance in the contention raised by the learned counsel. The discretion of the court while putting the condition on the application under Section 438 of the Code of Criminal Procedure is expected to be exercised in judicial manner. At this stage, the case of either party cannot be prejudged. Consequently, the misc. petition is allowed. The order of the Sessions Judge, Bhilwara dated 16.10.2002 is modified to the extent that the condition for payment of Rs. 10,00,000/- stands quashed. Petition allowed.;