1 appa1329.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1329 OF 2010 IN CRIMINAL APPEAL NO.1036 OF 2006 Sanjeev @ Lali Baljit Piwal. ....Applicant. Vs. The State of Maharashtra. ....Respondent. Mr. Madhukar Dalvi, advocate appointed as amicus curiae. Mr. K.V.Saste, APP for State. CORAM:- A.M.KHANWILKAR AND A.P. BHANGALE, JJ. DATED:- DECEMBER 6, 2010. P.C. 1. This application is filed through jail for relaxing the condition on which the applicant is ordered to be released on bail in compliance of section 390 of Cr.P.C.. It is noticed that the applicant is involved in another offence in respect of which he is undergoing sentence for a period of three years, which will end in December, 2011. In that sense, the applicant in any case will have to remain in custody till that time. Even if the applicant is to be released on bail on compliance of the requirement of the section 390 of Cr. P.C., it is not possible to accede to the applicant’s request that he should be released only on execution of the personal bond without any surety. 2 appa1329.10 2. In the present case, considering the fact that the applicant is involved in more than one offence, insistence of furnishing surety cannot be dispensed with. Besides, we cannot overlook the principle underlying section 437(A) of the Code which has come into force with effect from 31st December, 2009, which requires the accused to execute bail bonds with surety so as to ensure that his presence can be secured as and when required. In the circumstances, this application is rejected. 3. The Court records a word of appreciation for the able assistance given by the Learned amicus curiae to espouse the cause of the applicant. 4. Copy of this order be forwarded to the applicant, who is in jail. (A.P.BHANGALE, J.) (A.M.KHANWILKAR, J.)