IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 184 OF 2008 CRIMINAL APPLICATION NO. 184 OF 2008 CRIMINAL APPLICATION NO. 184 OF 2008 Subhash Kisan Wagh & anr.... Applicant versus State of Maharashtra ...... Respondent. Mr. M.S.Mohite for the applicant Mr. D.R.More APP for State. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 8TH FEBRUARY, 2008 DATED; 8TH FEBRUARY, 2008 DATED; 8TH FEBRUARY, 2008 P.C.; P.C.; P.C.; 1. Heard. The learned counsel for the applicant is pressing this application to a limited prayer i.e. seeking modification of the condition of bail. The applicant is being prosecuted for commission of offence under sections 135 and 138 of Electricity Act of 2003. The applicant is also charged for offence under sections 420 and 409 of IPC. Initially the petitioner was remanded to custody and came to be released on bail, pursuant to the order passed by the Additional Sessions Judge, Pune, dated 20-5-2007. By the impugned order the applicant has been directed to furnish P. R. bond in the sum of Rs.50,000/- each with solvent surety in the like amount. Further subject to payment of half of the electricity charges, provisional bill of which has been issued by MSEB in the sum of Rs.6,82,792/-. The learned counsel for the applicant has submitted that the Sessions judge has erred in directing the deposit of half of the amount of provisional bill as a condition for releasing the applicant on bail. In the submission of the learned counsel, the amount of provisional bill has no nexus while imposing condition of bail. The petitioner submits that he is not in a position to deposit half of the provisional bill. The applicant has already deposited a sum of Rs.50,000/- as directed in the impugned order and has also furnished an undertaking to deposit a sum of Rs.50,000/- more within a period of two weeks from today. Hence a limited prayer is made for modification of the condition of bail. It is also submitted that the P.R. bond as directed, has already been furnished. The learned counsel for the respondent tried to oppose the application and justified the orders which is impugned. Having regard to the totality of the facts and circumstances, I deem it fit to modify the impugned order. The applicants have already furnished P.R. bond as directed by the order dated 28-5-2007. The order to the extent of depositing Rs.50,000/- within one week from the date of the order is already complied with. Hence the other part of the order which goes to direct the applicant to deposit half of the amount of the electricity charges of the provisional bill to the tune of Rs. 6,82,782/- shall stands deleted and instead the applicant shall deposit a further sum of Rs.50,000/- within two weeks from today with MSEB. The undertaking is accepted and taken on record and marked as ‘X’ for identification. With the above modification, the application stands disposed of. .....