1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4630 OF 2008 1. Smt. Nirmal Sanjiv Sharma 2. Shri Sanjiv Ramesh Sharma ...... Applicants V/s The State of Maharashtra ...... Respondent. ------ Mr. Subhash Jha i/b M/s Law Global for the applicants. Mr. D.P. Adsule, APP for the State. ------ CORAM : V.M. KANADE, J. DATE : 5th February, 2009 P.C.:- 1. This is an application for modification of the order dated 12/12/2008 passed by the learned Magistrate who has directed that the applicants be released on bail in the sum of Rs 1 lac each. It is submitted that with great difficulty the applicants had furnished the said surety and were released on bail. He submitted that the bail amount which is imposed by the learned Magistrate is excessive. 2. Looking at the facts and circumstances of the case and particularly the fact that the Sessions Court had earlier granted bail in the sum of Rs 5000/-, in my view, the said amount of bail which is directed to be furnished by the Magistrate is clearly excessive. In order to secure the presence of the applicants, it would have been appropriate if 2 the applicants had been directed to furnish local surety. The Apex Court in catena of cases has deprecated the practice of seeking excessive bail amount from the accused. The Apex Court in the case of Motiram & Ors. Vs. State of M.P. reported in (1978) 4 SCC 47 and Hussainara Khatoon & Ors. Vs. Home Secretary, State of Bijar reported in (1980) 1 SCC 81, has laid down that the excessive bail should not be imposed on the accused. 3. The order passed by the Magistrate is, therefore, modified and the applicant shall give one or two sureties in the sum of Rs 10,000/- each. The sureties should be furnished within four weeks from today and one of the sureties should be local surety. 4. Application is disposed of in the above terms. (V.M. KANADE, J.)