1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5651 of 2009 Hemant Shivajirao Desai ... Applicant versus The State of Maharashtra ... Respondent ... Mr.Arvind Tiwari for the applicant. Mr. J.P. Kharge APP for the State. CORAM : D.G. KARNIK, J. DATED : 15th January 2010 P.C. 1. This is an application for modification of a condition of bail imposed by the Sessions Court. 2. By an order dated 22nd September 2009, applicant was granted bail by the Sessions Court subject to a condition that the applicant shall furnish P.R bond of Rs.50,000/- with two solvent sureties in the like amount and some other conditions. We are not concerned with the other conditions in this application. The applicant applied to the Sessions Court for modification of condition of two sureties of Rs. 50,000/- to one surety of Rs.1,00,000/-. Counsel submits that it was not possible for the applicant to arrange two sureties with solvency 2 certificates of Rs.50,000/- each. Application was rejected on the ground that despite two months time being available, applicant had not furnished sureties. 3. As per the present rules, a solvency certificate is required for standing surety for an amount of more than Rs.15,000/-. As such, solvency certificate would be required if a person is to stand surety for Rs.50,000/-. A judicial notice can be taken of the fact that a lot of time is required for obtaining a solvency certificate. In the circumstances, it is probable that applicant was not able to get two persons to stand as surety having a solvency certificate. He therefore offered one solvent surety of Rs.1,00,000/- . I see no reason to deny liberty to the applicant only on the ground that he is willing to procure one surety of Rs. 1,00,000/- instead of two sureties of Rs.50,000/- each. Hence the application is allowed. 4. Condition of two sureties of Rs.50,000/- is modified to enable the applicant to furnish one surety of Rs.1,00,000/- instead. Surety shall be furnished within two weeks. (D.G. KARNIK,J.) 3