In a relief to a man accused in a cheating and forgery case, the Supreme Court has waived off the condition of depositing cash security of Rs 75 lakh as a condition for bail.
A bench of Justices Sanjay Kishan Kaul and M M Sundresh passed the order after the advocate for the accused informed it that he could not collect Rs 75 lakh during the period.
In a relief to a man accused in a cheating and forgery case, the Supreme Court has waived off the condition of depositing cash security of Rs 75 lakh as a condition for bail.
Though granted bail four years ago, the accused has been in jail as he failed to deposit the amount.
A bench of Justices Sanjay Kishan Kaul and M M Sundresh passed the order after the advocate for the accused informed it that he could not collect Rs 75 lakh during the period.
"On examining the facts of the case more so that the applicant is still under custody even after four years of the order passed by this Court, we consider it appropriate to waive the bail condition No.7(a) passed in Crl. Appeal No.1089 of 2018," the bench said.
Advocate Namit Saxena, appearing for accused Harsh Deo Thakur, argued that it is trite law that an onerous condition cannot be imposed while granting bail and despite best efforts, the accused could not collect the sum of Rs 75 lakh as he has been lodged inside the jail.
Thakur was earlier granted bail by the Allahabad High Court in 2018 on the condition to deposit a sum of Rs 50 Lakhs.
Later, the top court directed him to deposit a sum of Rs 75 lakh in addition to the sum of Rs 50 lakh directed to be deposited by the High Court while granting bail to the accused in 2018.
Saxena, a criminal lawyer submitted that the accused is facing trial for cheating and forgery at Gautam Budh Nagar District Court in Uttar Pradesh.