1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1832 OF 2010 Mr.Hemendra Mavaji Shah ...Petitioner vs. The State of Maharashtra ...Respondent Mr.Kuldeep S. Patil for the Petitioner. Mrs.R.V. Newton, APP for the State. CORAM : V.M. KANADE, J. DATED : JULY 2, 2010 P.C. :- 1 Heard Counsel for the petitioner and APP for the State. 2 The petitioner is challenging order passed by the Judicial Magistrate, First Class, Pen, dated 18 th February, 2010. By the said order, the learned Magistrate was pleased to allow the application filed by the petitioner for returning of the Hero 2 Honda motorcycle which was seized from the petitioner. One of the conditions imposed by the learned Magistrate was that the petitioner should execute an Indemnity Bond in the sum of Rs.5 lakhs and shall also execute a Nationalised Bank guarantee for the amount of Rs.2,50,000/-. 3 Counsel for the petitioner submits that he is aggrieved by the condition imposed by the learned Magistrate asking him to execute a Bank Guarantee of a Nationalised Bank in the sum of Rs.2,50,000/-. It is submitted that the said condition may be modified and/or deleted. It is submitted that the petitioner already is giving an Indemnity Bond in the sum of Rs.5 lakhs. It is further submitted that he is a bonafide purchaser of the said vehicle from the agent who is the principal accused in this case. 4 In my view, taking into consideration the peculiar facts, instead of giving Bank Guarantee in the said sum of Rs.2,50,000/-, it would be 3 appropriate if the petitioner gives solvent surety for the said amount. It is an admitted position that the motorcycle was seized from his residence and that he had paid the RTO taxes. Under these circumstances, therefore, in my view, it would be appropriate to modify the said order. 5 Order dated 18 th February, 2010 is modified and the condition imposed by the learned Magistrate directing the petitioner to give a Bank Guarantee of Rs.2,50,000/- may be deleted. The petitioner, however, shall give a solvent surety in the sum of Rs.2,50,000/-. 6 The petition, accordingly, is disposed of. (V.M. KANADE, J.)