1 (crim wp. 1798 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1798 OF 2010 Adarsh Social & Welfare Society ...Petitioner Vs. State of Maharashtra ...Respondent ----- Ms.Pratibha Borade i/b. Mr.M.S. Kumthekar for Petitioner Mrs. U.V.Kejriwal for Respondent ----- CORAM: V.M. KANADE J. DATED: 7TH SEPTEMBER, 2010 P.C. 1. Heard the learned counsel appearing on behalf of the Petitioner. 2. The Petitioner is a president of Adarsh Welfare Society which is registered under the provisions of the Bombay Public Trust Act and the Societies Registration Act. 3. An offence was registered against the Petitioner and other co-accused under sections 4 and 5 of the Prevention of Gambling Act. The trial against the 2 (crim wp. 1798 of 2010) present Petitioner and other other two accused was separated and the Learned Magistrate, after a full- fledged trial, was acquitted all the accused, however, no order was passed by the Trial Court regarding disposal of the property from the Petitioner. Therefore, an application was made before the Trial Court for discharge and return of the property. The said application was partly allowed and the District Sessions Judge directed that the property be returned on his executing a bond of Rs.1 lac with two sureties in the like amount with a direction to produce the property if required on re-opening of the trial against the absconding accused. 4. The learned Counsel appearing on behalf of the Petitioner submitted that the value of the property is about Rs.30,000/- and, therefore, the direction to execute bond of Rs.1 lac is excessive. It is submitted that the bond may be reduced to Rs. 30,000/-. 3 (crim wp. 1798 of 2010) 5. In my view, there is some substance in the submission made by the learned Counsel for the Petitioner. In the impugned order, the property which was seized is mentioned as cash of Rs.22,500/- from the left pocket of the Petitioner. Cash of Rs.2,600/- from drawer of the table and cash of Rs.6060/- recovered from various members of the Adarsh Social and Welfare Society and also a wall clock, receipt book, register of members, cash book etc. was also seized. The property, therefore, which was seized is not more than Rs.30,000/- and, as such, in my view, the direction given to the accused to execute bond of Rs.1 lac with two sureties is excessive and the said order is, therefore, modified and the Petitioner is directed to execute a bond of Rs.30,000/- with one or two sureties in the like amount. 6. Petition is, accordingly, disposed of. (V.M. KANADE J.) 4 (crim wp. 1798 of 2010)