1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.435 OF 2009 Dattatraya Bhaskar Jorvar Petitioner Versus The State of Maharashtra Respondent Mr. S.T.Shelke, advocate for the petitioner. Mr.V.H.Dighe, A.P.P. For Respondent. CORAM: R.M.BORDE, J. DATE : 15 th June, 2009. P.C.: 1 Heard Shri Shelke, learned Counsel for the petitioner and Shri V.H.Dighe, learned A.P.P. For Respondent-State. 2 This petition is directed against the order in respect of imposition of conditions by the trial Court, in view of order dated 18.04.2009 passed in O.M. Application No.10 of 2009. While directing release of the property, trial Court has directed petitioner-accused to 2 execute bond of Rs.17 lacs and to furnish solvent surety / bank guarantee of Rs.17 lacs. The accused – petitioner has also been directed not to dispose of the muddemal property in any manner and keep said property in good condition without any modification till issuance of further orders in the matter. 3 The petitioner contends that the condition in respect of furnishing solvent surety / bank guarantee of Rs.17 lacs is quite harsh and needs to be modified. 4 It is to be noted that the condition has been imposed in respect of disposal of the property and petitioner is prohibited from disposing of the property and altering condition thereof. In this view of the matter, till conclusion of the trial, the property can be handed over to the accused – petitioner on compliance of the conditions, which should not cause undue hardship. 5 The accused – petitioner shall execute bond of Rs.17,00,000/- (Rs.Seventeen lacs). However, so far as furnishing solvent surety / bank guarantee is concerned, he is permitted to furnish solvent surety or bank 3 guarantee of Rs.5,00,000/- (Rs.Five lacs). The petitioner shall also tender a written undertaking to the effect that he would abide by the condition in respect of disposal of the property and he would not dispose of the muddemal property, in any manner and keep same in good condition till conclusion of the trial. Petitioner accused is granted three weeks’ time for tendering personal bond and for furnishing solvent surety or bank guarantee, so also his own undertaking to the trial Court. Accused – petitioner is at liberty to approach the trial Court for expeditious disposal of the trial. 6 With the modification stated above, order passed by the trial Court on 18.04.2009, stands confirmed. 7 Criminal Writ Petition No.435 of 2009 stands disposed of accordingly. (R.M.BORDE) JUDGE ******* adb/criwp43509