Ravinder Kumar Alias Ravinder Garg And Another v. Vikas Madaan

 



 







 

 



  


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'+  furnishing bail bonds in the sum of Rs.1,00,000/- with one surety in the like amount. However, since he was in custody in connection with aforementioned FIR, he could not do so, which ultimately resulted into passing of order dated 05.12.2024, whereby non-bailable warrants had been issued against him. In the considered opinion of this Court, in the peculiar

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circumstances as emanating from the record, the petitioner deserves to be granted one more opportunity to furnish the bail bonds.



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Jamboo Bhandari vs. M. P. State Industrial Development Corporation Ltd. And others : (2024) 1 SCC (Cri) 90

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# 5+ !. In the instant case, while imposing condition of deposit of 20% of compensation amount, the learned appellate Court is not shown to have given any opportunity to the petitioner to make submissions regarding the exceptional circumstances warranting requirement of waiver of depositing of 20% of compensation amount and is shown to have imposed the said condition without the same. Therefore, keeping in view the settled proposition of law to the effect that the appellate Court was firstly required to consider as to whether the instant case falls within the exceptions warranting grant of suspension of sentence without imposing condition of deposit of 20% of compensation amount/fine, the impugned order dated



16.08.2024 cannot be stated to be sustainable to the extent to which the condition of deposit of 20% of the compensation amount was imposed. 8.

In view of the discussion made above, the present petition is disposed of. The matter is remanded to learned appellate Court for deciding the same afresh after re-examining the case by granting an opportunity to the petitioner to make submissions regarding exceptional circumstances warranting waiver of requirement of depositing 20% of the compensation amount in pursuance of judgment passed by Hon9ble Supreme Court in Jamboo Bhandari9s case (supra) and irrespective of the outcome on the issue of depositing 20% of the compensation amount, the petitioner shall be granted one more opportunity to furnish bail/surety bonds to be imposed upon him by the learned appellate Court.

9.

The petitioner is directed to approach the learned appellate Court within a period of 10 days from today.

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