S.K.MAL LODHA, J. - (1.) I have heard all these three connected applications together and propose to decide them together by a common order. First of all, I deal with S.B. Crime Misc. Application No. 71 of 1978.
(2.) A resume of events leading to this application may be briefly noticed. The Manager of the State Bank of Bikaner and Jaipur, Branch Officer, Pali, lodged a first information report before the Station Home Officer, Pali, on June 6, 1978, under Sections 420, 467 and 458 of the Indian Penal Code against the applicant and his father Dan Raj. It was alleged in that report that this firm M/S Chandmal Dhanraj Dharoliya which is a partnership firm and whose partners amongst; others are applicant and his father Dhanraj was having bill purchase account with the aforesaid Bank. While operating the bill purchase account, the applicant took an advance of Rs. 14211.36 P. from the aforesaid bank on April 26, 1976 against the four Hundis and the relevant purchase vouchers, insurance declarations etc. It is further alleged that the entire documents were sent through the State Bank of India, Rohtak. As the consignee did not retire the documents by making the payment of the amount to the State Bank of India, Rohtak, it (State Bank of India, Rohtak) returned the unpaid Hundis and the relevant documents. As a result of this, Rs. 14241.36 were not credited to the account of M/S Chandmal Dhanraj Dharoliya. The amount of Rs. 14241.36 P, which was paid in advance by the aforesaid Bank on April 26, 1976, was thus not credited, This led to the lodging of the first information report against the applicant as well as his father under Sections 420, 467 and 468 IPC. The applicant Bhanwarlal and his father Dhanraj submitted an application under Section 438 CrPC. The application under Section 438 CrPC was submitted on behalf of the applicant and his father Dhanraj by Shri Deep Chand Sharma, Advocate. It needs to be mentioned here that power of attorney to Shri Deep Chand Sharma was given by the applicant alone. This application came up for orders before the learned Vacation Judge on June 9, 1978. The learned Vacation Judge passed the following order, - I have heard the learned Counsel for the parties The principal contention of Mr. Deep Chand is that it has been a civil dispute which has been converted into a criminal case. He further submits that he is prepared to deposit Rs. 15000/ -, in the first instance for being paid to the complainant. In view of the facts and circumstances of this case, it is ordered that the petitioners, if arrested, would be kept on bail in case they submit two sureties of Rs. 15000/ -, each, and a personal bond of Rs. 30000/ -, each to the satisfaction of the Munsiff Magistrate, Pali. This would be on the condition that they first deposit Rs. 15000/ - with the Investigating Officer who would pay it to the complainant under proper receipt to be given to the accused after verification by the Station House Officer. The bail bonds would contain the following conditions: (a) the petitioners would produce themselves before the investigation agency for interrogation or investigation as and when called upon; (b) that they would further appear before the court as and when called upon; (c) they would not tamper with the evidence and would not intimidate the witnesses; (d) they would not leave India without the permission of the trial court.
(3.) THEREAFTER , on behalf of the applicant's father (Dhanraj), an application under Section 482 of the Code was moved by Shri Bilam Chind Mehta, Advocate on June 13, 1978 with the following prayer. -.prayed to either review or amend the order of this Hon'ble Court dated 9th June, 1978, while exercising the power under Section 482 CrPC to maintain the order in question of the fact relating to release of the petitioner on bail and by deleting the order in respect of discharging liability of Rs. 15000/ - by the petitioner or to pass the suitable order which this Hon'ble Court deems proper and reasonable in the interest of justice. This application was registered as S.B. Crime Misc. Application No. 70 of 1978 Another application was moved on behalf of the applicant's father on June 14, 1978 under Section 438 of the Code praying that 'a direction may be given to the Judicial Magistrate, First Class, Pali, to enlarge the petitioner on bail in the event of his arrest.' This application was registered as - S.B. Crime Bail Application No. 189 of 1978.;