Code of Criminal Procedure, 1973–Sec. 438–Imposition of conditions while granting the bail–The conditions to be imposed must not be onerous or or unreasonable or excessive–Inclusion of a condition for payment of money by the applicant for bail tends to create an impression that bail could be secured by depositing money alleged to have been cheated–In exceptional cases such as where an allegation of misappropriation of public money by the accused is levelled and the accused while seeking indulgence of the Court to have his liberty secured/restored volunteers to account for the whole or any part of the public money allegedly mis-appropriated by him, it would be open to the concerned Court to consider whether in the large public interest, the money misappropriated should be allowed to be deposited before the application for anticipa-tory bail/bail is taken up for final consideration–However, such an approach would not be warranted in cases of private disputes where private parties complain of their money being involved in the offence of cheating.
