Jitender v. State Of Haryana

CRM-M-29777-2022 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-29777-2022 Date of decision: 28-10-2022 Jitender ......Petitioner(s) v.

State of Haryana ......Respondent(s) CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: - None for the petitioner(s).

Mr. Rajat Gautam, DAG, Haryana *** ANOOP CHITKARA, J.

Aggrieved by one of the conditions of furnishing an FDR of Rs.2,00,000/- in addition to surety imposed in bail order dated 8.4.2022 passed by the trial Court in FIR No.40 dated 25.5.2019 under Sections 15/16 Petroleum and Mineral Pipeline Act, Sections 3/4 Explosive Act, Sections 3/4 Prevention of Damage to Public Property Act and Sections 379/285/34 IPC and the MS & HSD (Regulation of Supply and Distribution and Prevention of Mal Practice) Order, 1998, Police Station sadar, Gohana, Sonepat, the petitioner has come up before this Court under Section 482 CrPC. Vide order dated 8.4.2022, learned Additional Sessions Judge, Sonipat had granted bail to the petitioner-accused, however, in paragraph 6 of the order, had imposed a condition to prepare an FDR of Rs.2,00,000/-, which shall be a condition precedent for bail.

On the face of it, such an order is not supported by any law. Accordingly, the present petition is allowed and the direction regarding preparation of FDR in impugned order dated 8.4.2022 passed by Additional Sessions Judge, Sonipat is set aside, if it is not already deposited. All pending application(s), if any, shall stand dispose of.

(ANOOP CHITKARA) JUDGE October 28, 2022 AK Whether speaking/reasoned:

Yes Whether reportable:

No ASHWANI KUMAR 2022.10.29 10:25 I attest to the accuracy and authenticity of this order/judgment