1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 520 OF 2010 IN CRIMINAL APPEAL NO. 1163 OF 2009 Abioye Olayinka Alexander @ Alex ...Applicant vs. Union of India & Anr. ...Respondents Mr.R.S. Bidkar for the Applicant. Mrs.R.V. Newton, APP for the State. Mr.D.N. Salvi for Respondent No.1. CORAM : V.M. KANADE, J. DATED : APRIL 20, 2010 P.C. :- 1 Heard Counsel for the applicant and Counsel for respondent no.1. 2 This is an application for reduction of bail amount. 2 3 It is submitted that this Court was pleased to grant bail by order dated 4th March, 2010. The applicant could not furnish amount in the sum of Rs. 25,000/-. It is submitted that this Court has directed that the passport of the applicant should not be returned till the completion of the sentence period. The applicant is a foreign national and as such, is not in a position to furnish surety. It is, therefore, submitted that applicant may be directed to furnish cash bail instead of furnishing surety. It is further submitted that the trial court has awarded sentence of two years RI and has directed the applicant to pay fine amount of Rs.25,000/-. The applicant has already deposited the fine amount. It is submitted that the applicant, out of the said two years, has undergone one year and ten months of sentence and being foreign national, he could not avail the bail which was granted by this court by order dated 4.3.2010. The Apex Court in the case of Moti Ram and others vs. State of Madhya Pradesh ((1978) 4 SCC 47, has held that if the applicant is 3 entitled to be released on bail, then the condition imposed by the court should not be such that the applicant is not in a position to fulfill the said condition. In the present case, though the applicant was directed to be released by order dated 4th March, 2010, on account of financial constraints and other circumstances, the applicant could not furnish surety and avail the bail which was granted. Apart from that, the applicant practically has undergone the entire sentence and the applicant, therefore, shall complete the sentence within two months. Under these circumstances, therefore, the said order needs to be modified. There is no possibility of the applicant absconding since the passport of the applicant is handed over to the police and therefore, certain additional conditions will have to be imposed so that he does not abscond during the pendency of the appeal. 4 Order directing the applicant to furnish surety of Rs.25,000/- is modified. The applicant 4 shall furnish cash bail of Rs.25,000/-. The applicant shall report to the NCB twice in a month. 5 Application is disposed of. 6 Parties to act on the authenticated copy of this order. (V.M. KANADE, J.)