The Madhya Pradesh High Court on Tuesday set aside the bail condition imposed by a local court that the petitioners should deposit an amount of Rs 25,000/- each, towards the PM CARES Fund.
Two Bhopal residents Fahad Ahmed and Hafiz M Haseen had moved the High Court seeking quashing of this bail condition, on the strength of recent order passed by the Kerala High Court in Chinna Rao Swayamvarappu v. State of Kerala & Ors., whereby it was held that imposition of cash security or deposit of any amount for grant of bail is "unjust, irregular and improper".
In doing so, the Kerala High Court had relied upon a decision of the Supreme Court in Moti Ram v. State of Madhya Pradesh.
Finding himself in agreement with the said decision of the Kerala High Court, Justice Sujoy Paul quashed the condition.
"I am in respectful agreement with the view taken by the Kerala High Court. Considering the aforesaid, the impugned order dated 30.4.2020, to the extent of condition No.1, is hereby set aside," he ordered.
It is noteworthy however, that the Gwalior Bench of the Madhya Pradesh High Court has been regularly ordering release of prisoners onthis condition.
Case Title: Fahad Ahmed & Ors. v. State Of Madhya Pradesh
Case No.: MCRC 13259/2020
Quorum: Justice Sujoy Paul
Appearance: Advocate Ankit Saxena (for Petitioners); Jagat Singh, PL (for State)
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