Kamal Kumar @ Ganga Ram v. The Union Of India Through C.B.I.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1259 of 2014 ======================================================

1. Kamal Kumar @ Ganga Ram Son Of Late Otanmal Resident Of Yadupati Lane, Nai Bazar, Police Station- Muzaffarpur Town, DistrictMuzaffarpur .... Petitioner

Versus

1. The Union of India through C.B.I.

.... Opposite Party ====================================================== Appearance :

For the Petitioner : M/S Sandeep Kumar & Ajit Kumar, Advs. For the Opposite Party : Mr. Bipin Kumar Sinha, S.C., CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 20-01-2016 Heard the learned counsel for the petitioner and the Central Bureau of Investigation.

This is a petition for modification of the order, dated 03.12.2013, passed in Cr. Misc. No. 38679 of 2013, by which the petitioner was granted interim bail for one month in view of the statement that the matter has been settled and according to the settlement Rs.14/- lakh was required to be paid and the rest amount was to be deposited on 30.03.2014. In view of that fact only Rs.8/- lakh has been paid by the petitioner, against Rs.14/- lakh, agreed. By order, dated 03.12.2013, it was ordered that the petitioner be enlarged on interim bail for one month and after release of the petitioner he will pay Rs.6/- lakh by15.11.2013 and the final amount will be paid by 30.03.2014. Since, the petitioner defaulted in payment of Rs.6/- lakh by 15.11.2013, his bail bond was cancelled on 06.02.2014.

The petitioner has moved a petition in Cr. Misc. No. 1259 of 2014 for modification of the order for extension of the time by depositing the amount. However, by order, dated 02.09.2015, it was directed that first the petitioner should deposit the amount of Rs.6/- lakh, then, move the petition.

Patna High Court Cr.Misc. No.1259 of 2014 (13) dt.20-01-2016 Now, the learned counsel for the petitioner submits that the petitioner has already paid Rs.8/- lakh, against Rs.6/- lakh on 08.09.2015 by demand draft of Industrial Development Bank of India, being D.D. No. 007653, dated 10.08.2015, amounting to Rs.6,00,000/- and demand draft of Industrial Credit and Investment Corporation of India Bank (ICICI Bank), being D.D. No. 500034, dated 19.08.2015, amounting to Rs.2,00,000/-, and has contended that the condition to deposit Rs.6,00,000/- has been complied with though not on the date fixed, but, subsequently. Hence, the period to deposit the amount is extended for three months and the order, dated 03.12.2013, passed in Cr. Misc. No.

38679 of 2013 is modified to the extent that the final amount will be paid within three months else the Bank shall either put the property on auction sale or make a demand of the amount, due, and if the demand is not paid shall proceed for cancellation of the bail bond and further this will subject to the condition that the petitioner shall appear in person in Court on each and every date, fixed in the case and any absence, on two consecutive dates, without any reasonable ground to the satisfaction of the Court below, shall be a ground of cancellation of bail of the petitioner by the lower Court itself.

(Gopal Prasad, J) SA/- U √ T √