HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5870/2019 Rajkumar Sarawag S/o Shri Bhagwan Singh, R/o Firans Ka Bass, Tehsil Malsisar, District Jhunjhunu. ----Petitioner Versus Sher Singh Bola S/o Late Amilal, R/o Kishan Colony Ward No.10, Jhunjhunu, Tehsil And District Jhunjhunu. ----Respondent For Petitioner(s) : None For Respondent(s) : Mr. Vivek Choudhary-PP JUSTICE ANOOP KUMAR DHAND Order 23/03/2026 1. The present petition has been filed by the petitioner under Section 482 Cr.P.C. challenging the order dated 03.08.2019 passed by the Chief Judicial Magistrate, Jhunjhunu (hereinafter referred to as, "the Trial Court") whereby while allowing the bail application filed by the petitioner for the offence under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as, "the NI Act") has been allowed and a condition has been imposed on the petitioner that he would furnish an affidavit to deposit 20% of the cheque amount on the next date. 2. It has been averred in the petition that the trial Court was not justified in directing the petitioner to deposit 20% of the cheque amount because by putting such condition it has taken away the petitioner’s right to file an appeal and the same is (2 of 3) [CRLMP-5870/2019] against the settled law that no such onerous condition can be imposed at the time of granting bail. 3. The Hon’ble Supreme Court in the case of Jamboo Bhandari Vs. M.P. State Industrial Development Corporation Ltd & Ors. reported in (2023) 10 SCC 446, and the judgment of the Coordinate Bench of this Court at Principal Seat, Jodhpur in the case of Kailash Soni Vs. State of Rajasthan & Anr. while deciding SB Criminal Misc. Petition No.2624/2024 and the Coordinate Bench of this Court in the case of Harsh Mucchala Vs. Raghav Kacholiya while deciding SB Criminal Misc. Petition No.7955/2024 have categorically held that deposit of 20% amount is not an absolute rate. 4. Accordingly, this Court deems it just and proper to modify the impugned order dated 03.08.2019 passed by the Trial Court to the extent that the petitioner shall deposit 10% of the fine amount in place of 20%. 5. Accordingly, the instant criminal misc. petition stands partly allowed. The impugned order dated 03.08.2019 passed by the Trial Court stands modified only to the extent of fine amount. Hence, the petitioner is directed to deposit 10% of the fine amount and the rest of the conditions imposed by the Trial Court shall remain intact. 6. In case, 10% of the fine amount is not deposited by the petitioner within a period of two weeks from today, the order dated 03.08.2019 will come into picture automatically and the petitioner would deposit 20% of the fine amount as directed by the Trial Court. (3 of 3) [CRLMP-5870/2019] 7. Till deposition of the fine amount, no coercive steps shall be taken against the petitioner. 8. Stay application and all other application(s), pending if any, also stands disposed of accordingly. (ANOOP KUMAR DHAND),J Ashu/95