The High Court by its order dated 11th November, 2016 has
dismissed the application filed by the appellant challenging the
aforesaid order.
4 We have heard learned counsel for the parties.
5 It is clear that the appellant has already deposited a sum of
Rupees ten lakh in terms of an interim order passed by the High
Court. It is also clear from the materials on record that the
co-accused, namely, B.N. Yadav and R.K. Singh have been granted
bail without a condition being imposed upon them for depositing
the amount. The appellant has been in custody for more than four
years. In the facts and circumstances of the case, we are of the
view that the Special Court was justified in granting the bail to the
appellant. However, the condition imposed by the court below for
depositing Rupees fifty lakh is onerous. The appellant has already
deposited Rupees ten lakh, which is sufficient for granting bail to
him. Therefore, direction issued by the trial court for deposit of
Rupees fifty lakh for grant of bail is accordingly modified.
6 The appellant shall be released on bail if he satisfies the other
conditions imposed by the Special Court in its order dated 28th
April, 2016. JUDGMENT
7 The appeal is disposed of accordingly.
New Delhi; (S. ABDUL NAZEER) April 25, 2017.