FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1113 OF 2006 CRIMINAL APPLICATION NO.1113 OF 2006 CRIMINAL APPLICATION NO.1113 OF 2006 ------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders appearances, Court’s orders or directions and Registrar’s orders ------------------------------------------------------- Mr.Uday Warunjikar h/for Mr.Yogesh Rohira for the applicant. Mr.H.V.Mehta Advocate for Respondent nos.2 & 3. Ms.S.V.Gajare APP for the State. Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 11.7.2006. PC 1. Heard. Rule. By consent rule made returnable forthwith. 2. The challenge in this application is to certain directions given in the order passed by the Addl.Chief Metropolitan Magistrate, Esplanade, Mumbai on 7.3.2006 granting bail to the accused on certain condition and in addition directing the accused to file undertaking to make payment atleast 50% of the : 2 : demand notice as and when demand notice is issued immediately day after his release. I find that this direction is not a direction which can be given in the bail application preferred before the Magistrate. Section 437(3) of Criminal Procedure Code 1973 permits the Court to impose conditions while granting bail. Those conditions must be to ensure that the person will attend the trial and/or will not commit a similar offence. There is also clause which permits the Court to impose a condition in the interest of justice. That does not mean that Court can make a direction in the absence of a demand notice to pay 50% amount. If such a direction is given, the applicant will have to pay 50% of the amount mentioned in any demand notice, even if the demand is exfacie untenable. 3. In the circumstances, rule is made absolute in terms of : 3 : prayer clause-(a). However, it is made clear that custom authorities are at liberty to issue demand notice and subject to the rights of the applicant to take such coercive steps as permissible in law. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)