Henry Chima Anidebe v. The State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1023/2016 & Crl.M.A. No.4388/2016 HENRY CHIMA ANIDEBE ..... Petitioner Through Mr.Girish Sharma, Adv. with Mr.Sushma Sharma, Adv.

versus THE STATE ..... Respondent Through Ms.Meenakshi Chauhan, APP for the State with SI Alok Kumar, Spl.Cell/NDR, Lodhi Colony.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 11.03.2016 Crl.M.A. No.4388/2016 Exemption allowed subject to just exceptions. Crl.M.C. No.1023/2016 The present petition has been filed by the petitioner under Section 440 of the Code of Criminal Procedure read with Section 482 of Code of Criminal Procedure for reduction of cash surety amount by way of modification of order dated 29th September, 2015. The admitted fact in the present case is that the accused was ordered to be released on bail on his furnishing the personal bond for

a sum of Rs.50,000/- with one surety in the like amount. Thereafter, an application for modification of the order dated 29th September, 2015 was filed whereby the applicant sought the amount of surety to be deposited in cash instead of furnishing the surety bond and vide order dated 17th December, 2015 passed by learned Chief Metropolitan Magistrate, the condition of furnishing surety in the sum of Rs.50,000/- was modified thus permitting the applicant/accused to deposit the said amount in cash. The application of the petitioner under Section 440 of Cr.P.C. for reduction of the surety amount was dismissed by order dated 25th January, 2016 passed by learned Additional Sessions Judge. I have heard learned counsel for the parties at length and perused the available records. I do not find any infirmity in the order dated 29th September, 2015 passed by the Trial Court. The present petition is dismissed.

P.S.TEJI, J MARCH 11, 2016 aa