Ram Chandra Prasad Choudhary v. Directorate of Revenue Intelligence

Delhi High Court · 03 Jun 2011 · 2011:DHC:11250
V.K. Shali
CRL.M.C. 1991/2011
2011:DHC:11250
criminal petition_dismissed

AI Summary

The High Court dismissed the petition seeking reduction of surety amount fixed in a bail order, holding that such modification after availing bail must be sought from the trial court.

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HIGH COURT OF DELHI
CRL.M.C. 1991/2011
RAM CHANDRA PRASAD CHOUDHARY ..... Petitioner
Through: Mr. Abhinit Das, Adv.
VERSUS
DIRECTORATE OF REVENUE INTELLIGENCE ..... Respondent
Through: Mr. Satish Aggarwal, Adv.
CORAM:
HOI'J'BLE MR. JUSTICE V.K. SHALl
03.06.2011
ORDER

1. This is an application filed under Section 482 read with Section 440 Cr.P.C. for reduction of the surety amount. By virtue of the order dated 08.08.2007 by my learned Predecessor Hon'ble Mr. Justice Pradeep Nandrajog had directed the petitioner to furnish the personal bond in the sum of Rs.1,00,000/- with one surety for an amount of Rs.15,00,000/ -. The aforesaid order was passed at the request of the learned counsel for the petitioner that instead of two sureties for a sum of Rs.5,00,000/ - each the number of sureties and the amount be reduced.

2. My learned Predecessor, accordingly, reduced the number of sureties from two to one but enhanced the surety amount. It has been stated by the learned counsel for the petitioner in pursuance;"! 2011:DHC:11250 to the said order, the petitioner has already been enlarged on bail and continues to be so till date. The application has been filed for reduction of the surety amount from Rs.15,00,000j- to Rs.l,00,000 j - on the ground that the son of the petitioner who has stood surety for him is not co-operating.

3. I have heard the learned counsel for the petitioner.

4. The present application is not maintainable on account of the fact

5. JUNE KP that once the bail order is passed and benefit of the same is availed of by the petitioner there is ·no ground for reviewing the said order and reducing the surety amount. If the petitioner wants, he may surrender before the trial Court and the trial Court will pass fresh orders. The application is totally misconceived, and accordingly, the same is dismissed. V.K. SHALI,J 03,2011 -:-1 ~/ -;·1