1 Orde in 2401 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2401 OF 2010 Shadi R.H. Alnajjar Latifa ...Petitioner Vs. The State of Maharashtra ...Respondent ----- Mr.Sartaj Shaikh for the Petitioner Mr.P.S. Hingorani -APP for the State. ----- CORAM: V.M. KANADE J. DATED: 25TH AUGUST, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Petitioner and the learned APP for the State. 2. By this petition, which is filed under Article 227 of the Constitution of India r/w. section 482 of Cr.P.C., the Petitioner is challenging the order passed by the Learned Metropolitan Magistrate, 22nd Court at Andheri dated 27.2.2001 and 2.8.2010 whereby, the learned Magistrate was pleased to reject the surety application of the Petitioner. It is prayed that the direction may be given to the learned Magistrate to accept the sureties furnished by the 2 Orde in 2401 Petitioner or in the alternative, to accept the cash bail. 3. Brief facts are that the Petitioner is a Palestinian National and is Physiotherapist by profession. The Petitioner was arrested on 12.10.2009 by the Sahar Police Station for the offences punishable under sections 465, 468, 471, 420 of the Indian Penal Code vide C.R. No.753 of 2009. The Petitioner intended to go to Oslo (Norway) from Mumbai International Airport on 12.12.2009. When his passport was scrutinized by the Immigration Authorities, they found the Sweden Visa affixed in the passport was forged. Hence, the said complaint was lodged at the Sahar Police Station , Mumbai. 4. The Petitioner filed an application for bail in the Sessions Court and his application was allowed on 5.1.2010. The Sessions Court directed the Petitioner to furnish one or two local solvent sureties of Rs.25,000/- However, when the Petitioner furnished those sureties, the same were rejected by the Learned Metropolitan Magistrate. The Petitioner being aggrieved by the aforesaid order, has filed this petition in this Court. 3 Orde in 2401 5. The Petitioner has now filed an affidavit of the Ambassador of Embassy of State of Palestinian having its office at New Delhi. In the said affidavit, he has stated that he knows the Petitioner and that he has stated that on behalf of the Embassy of the State of Palestine, he shall take full responsibility of the Petitioner untill the completion of his trial. He has further given undertaking that the Petitioner shall fulfill all the conditions set upon him by the Court. 6. In the present case, it is an admitted position that the Sessions Court was pleased to grant bail to the Petitioner. It is a well settled position in law that once the Court is satisfied that an accused is entitled to be released on bail, the Court should not impose such conditions which are impossible to perform. The Apex Court in series of judgments has made this observation in the cases of Motiram & Ors. vs. State of Madhya Pradesh reported in (1978) 4 Supreme Court Cases 47 and Hussainara Khatoon and Others (II) vs. Home Secretary, State of Bihar, Patna reported in (1980) 1 Supreme Court Cases 9. 7. The Petitioner has now filed affidavit of the Ambassador of the Embassy of the State of Palestinian, 4 Orde in 2401 who has undertaken to take full responsibility for and on behalf of the Petitioner. In view of the affidavit, therefore, it would be appropriate if the sureties which are furnished by the Petitioner should be accepted. 8. In the result, the Petition is allowed. The Learned Magistrate is directed to accept the surety application of the Petitioner and the Petitioner be released forthwith. The Petitioner shall undertake to abide all the conditions imposed by the Sessions Court while passing the order of bail. The passport is already in the custody of the police. 9. The Petitioner is permitted to give provisional cash bail in a sum of Rs.25,000/- for a period of four weeks and, thereafter, within four weeks from the date of his release, he shall execute the bond and in the meantime, the cash surety may be accepted by the learned Magistrate. 10. Parties to act on the authenticated copy. (V.M. KANADE J.)