1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application (APL) No. 393/2011 Jugalkishor Navalkishor Kothari V/s. The State of Maharashtra ---------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ---------------------------------------------------------------------------------------------------------------------- Mr. S. N. Bhattad, Advocate for Applicant Mr. M. K. Pathan, APP for Respondent-State Coram: A.P. Bhangale, J Dated : 29th July 2011 1. Heard learned counsel for the parties. 2. By means of this application under Section 482 of Code of Criminal Procedure, the applicant is seeking relief to quash and set aside the condition applied while granting of anticipatory bail under Section 438 of the Code of Criminal Procedure whereby the applicant was directed to deposit an amount of Rs. 3,50,000/- by a certain date. 3. Learned Advocate made a reference to the ruling in the case of Munish Bhasin and others V/s. State (Government of NCT of Delhi) and another reported in (2009) 4 SCC 45, which appears to be a ruling given in Criminal Appeal No. 344/2009, 2 decided on 20th February 2009, which arose from the Judgment and Order dated 07/08/2007, delivered by the Delhi High Court in Bail application. Prima facie the remedy for the applicant is under Section 439 of the Code of Criminal Procedure by means of which the condition imposed for grant of bail may be set aside or modified in exercise of special power of High Court under Section 439(i)(b). When alternate efficacious remedy is available, the inherent powers under Section 482 of Code of Criminal Procedure ought not to be exercised. The inherent powers are to be exercised in rarest of the rare case, sparingly and with caution. 4. Therefore, this application must be dismissed. JUDGE Punde