1. Rule. Learned A.P.P., H.L. Jani, waives service of Rule on behalf of the respondent state.
2.Present Application has been filed by the Applicant for modification of the condition imposed while granting the anticipatory bail by the learned Additional Sessions Judge, Rajkot as per the order passed in Crl. Misc. Application No. 302 of 2012. The condition No. 2 referred to depositing the entire amount of compounding charges with the Electricity Company. The applicant has deposited the entire amount of Rs. 14,31,625.23 paise towards the bill issued, pursuant to the F.I.R. filed for the theft of electricity and for the offence under the Electricity Act, 2003.
3. However, the condition which has been imposed for depositing the compounding charges also while granting the anticipatory bail is harsh. It is well accepted that while granting the bail, harsh condition which may not be possible to fulfill, should not be imposed. The deposit of the compounding amount would be a harsh condition, which will come in the way when the right of the accused under Article 21 of the Constitution of India is considered.
4. Therefore, the said condition No. 2 regarding the deposit of the compounding charges is hereby quashed and set aside. The rest of the conditions shall remain same. Rule is made absolute to the aforesaid extant.
(RAJESH H. SHUKLA, J).
FH.
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