1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4751 OF 2009 Sujeet Raghunath Shetty ...Applicant vs. The State of Maharashtra ...Respondent Mr.Mukesh J. Pabar for the Applicant. Mr.J.P. Kharge, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 3, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 This is an application for reduction of bail amount. The Sessions Court was pleased to pass an order directing that the applicant be released on bail in the sum of Rs.50,000/- with one or two sureties in the like amount. This order was passed 2 on 21st August, 2009 3 It is submitted that the applicant is not in a position to pay surety of Rs.50,000/-. It is, therefore, requested that the said amount be reduced to Rs.15,000/-. 4 In view of the ratio of the judgment in the case of Moti Ram & Ors. v/s. State of M.P. (1979) 1 SCR Page 335) in which the Apex Court has observed that once a court comes to a conclusion that the applicant is entitled to be released on bail, then in such cases, the Court should not normally impose a condition which the applicant would not be in a position to fulfill. In the present case, the applicant has not been in a position to furnish surety in the sum of Rs. 50,000/-. Therefore, in my view, the said order needs to be modified. 5 The applicant, therefore, shall be released 3 on bail in the sum of Rs.15,000/- with one or two sureties in the like amount. The other conditions imposed by the Sessions Court, however, shall continue. 6 The application is disposed of. (V.M. KANADE, J.)