1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 805 OF 2009 Mohammed Afzal Mohd. Shafi Sayed .... Applicant. V/s The State of Maharashtra ..... Respondent Mr. M.S. Ahmad for the applicant. Mr. Rajesh More, APP for the State. CORAM : V.M. KANADE, J. DATE : 3rd March, 2009 P.C.:- 1. Applicant was arrested in connection with C.R. No.319 of 2008 registered at Antop Hill Police Station for the offence punishable under sections 324, 326, 504 read with section 34 of the Indian Penal Code. 2. This Criminal Application is filed for modification of the condition imposed by the Sessions Court. The Sessions Court has directed that the applicant should be released on bail on his execution of P.R. Bond of Rs 20,000/- with one or two sureties in the like amount. It is submitted that though the bail was granted by the Sessions Court on 18/12/2008, the applicant could not avail of the bail since he could not get surety for the said amount of Rs 20,000/- . The Apex Court in the case of Motiram [1979 1 SCR 335] has held that if the Court is inclined to grant bail then, in that event, the 2 applicant should not be asked to furnish such surety which he is not in a position to furnish and unusually high amount of bail should not be imposed. In this view of the matter the said order is modified and the applicant shall now be released on bail on his execution of P.R. Bond of Rs 5000/- with one or two sureties in the like amount. The other conditions imposed by the Sessions Court shall continue. 3. Application is allowed in the aforesaid terms and disposed of accordingly. (V.M. KANADE, J.)