* 1 * Cri.Appln.2.2011 14.1.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2 OF 2011 Dr. Laxmikant Rewachand Bhojwani .......Applicant V/S. State of Maharashtra & anr. .........Respondents * * * * * * Mr. P. Mane i/by. Mr. S.R. Mishra, Advocate for the applicant. Mr. P.A. Pol, APP for the State-respondent no.1. Mr. K.V. Tembe, Advocate for respondent no.2. Coram : Smt. R.P. SondurBaldota, J. 14 January, 2011. P.C. : 1. The applicant is the accused in criminal complaint in R.C.C. No.74 of 2004 filed by respondent no.2 under Section 138 Negotiable Instruments Act inrespect of dishonour of a cheque in the sum of Rs.1,98,00,000/- . In that case, the applicant had filed an application for bail and by the order dated 7th June, 2004 the Trial Court had * 2 * Cri.Appln.2.2011 14.1.2011 passed an order releasing him on surety bond of Rs.5,00,000/-. The time to furnish surety was until the next date of the matter. The applicant preferred Criminal Revision Application No. 415 of 2004 to the Sessions Court, Pune challenging the conditions imposed on him for grant of bail. The Criminal Revision Application was allowed and by the order dated 30th July, 2004 the applicant was directed to be released on executing P.R. Bond of Rs.50,000/- on furnishing solvent surety in the like amount. The applicant till date has not furnished the solvent surety. Almost 10 years after the order, the applicant filed Criminal Misc. Application No. 151 of 2010 to the Sessions Court for modification of the order dated 30th July, 2004. The modification sought by the applicant was deletion of the condition as regards furnishing a solvent surety. The application was dismissed by the Sessions Court with an apprehension expressed therein that there is every possibility of the applicant absconding in order to avoid his appearance before the trial Court. 2. Mr. Mane, appearing for the applicant, submits that the office of the Collector takes extra-ordinarily long time for furnishing solvency certificate. The applicant has made every attempt to get * 3 * Cri.Appln.2.2011 14.1.2011 solvency certificate in the name of his wife as his wife will be furnishing surety for him. He is yet to receive the solvency certificate and therefore the bail condition needs to be modified to delete the condition of solvent surety and that an order be passed that surety be to the satisfaction of the Sessions Court. 3. This application was partly heard yesterday i.e. on 13th January, 2011 and it was adjourned to today with a specific direction to the applicant to remain present before this Court. The applicant is not present in the Cour today. Mr. Mane, submits that the applicant has not come to the Court today because he has business engagement to be attended to. This conduct of the applicant is sufficient to indicate that the applicant has no respect and regard for the orders of the Court. This conduct has been in keeping with his conduct of not furnishing solvent surety for 10 years. This justifies the apprehension expressed by the Sessions Court that there is every possibility of the applicant absconding in order to avoid his appearance before the trial Court. 4. Mr. Tembe, appearing for respondent no.2, submits that after the order of bail was passed, the records and proceedings in * 4 * Cri.Appln.2.2011 14.1.2011 criminal case R.C.C. No.74 of 2004 went missing from the file of Judicial Magistrate First Class, Pune, where it was pending for almost 6 years. In these circumstances, the impugned order is clearly justified and it does not require any interference whatsoever. 5. On a specific query from the court, Mr. Mane, makes a statement that the applicant applied for solvency certificate to be issued to his wife only few months back. Since an application has already been filed, it is directed that the applicant shall furnish solvent surety within a period of 6 weeks from today. If the applicant, fails to furnish solvent surety within the time granted i.e. on/or before 25th February, 2011 the order of bail granted to the applicant will stand cancelled without any further reference to the Court. [Smt. R.P. SondurBaldota, J]