1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 648 of 2007 IN CRIMINAL APPLICATION NO. 2624 OF 2007 Devidas Digambar Purandare .. Applicant versus State of Maharashtra .. Respondent ... Mr.Rahul Kadam i/b Uday Warunjikar for the applicant. Mr.Rajesh More APP for the State. CORAM : D.G.KARNIK, J DATED : 16th January 2008 P.C.: 1. Heard learned counsel for the applicant and learned APP for the State. 2. By this application, the applicant seeks refund of the amount of Rs.50,000/- deposited by him 2 in the trial court by way of a cash security. 3. By an order dated 14th August 2007 passed in Criminal Application no.2624 of 2007, the applicant was ordered to be released on bail in the sum of Rs.50,000/- with one surety in the like amount subject to certain conditions. Paragraph no.4(c) of the order permitted the applicant to furnish a cash security in the sum of Rs.50,000/- in the event he was unable to get the surety. Accordingly, the applicant furnished bail but as he was not able to get surety but deposited a cash security of Rs.50,000/- in the court of the learned Judicial Magistrate First Class at Pimpalgaon. Thereafter, the applicant could arrange for a surety. He therefore applied to the learned Magistrate for accepting the surety and releasing the cash security. The learned Magistrate rejected the said application on the ground that this amounts to modification of the order of this court and this could be done only by the High Court. 4. In view of the fact that the original order passed by this court dated 24th August 2007 itself requires the applicant to furnish a surety of Rs.50,000/- and grants a concession of payment of cash security of Rs.50,000/- in the event he is 3 unable to get the surety, the applicant can be permitted to furnish surety instead of cash. Accordingly, applicant is permitted to furnish solvent surety of Rs.50,000/- before the learned Magistrate. Learned Magistrate shall examine whether the surety is proper as per the rules and on being satisfied that the surety is in accordance with law, shall permit the applicant to substitute surety in place of cash security of Rs.50,000/-. (D.G. KARNIK, J)