1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1123 OF 2010 Amir Thakur ...Petitioner Vs. The State of Maharashtra ...Respondent ----- Mr. Kuldeep S. Patil for Petitioner Mr.A.S. Shitole -APP for State ------ CORAM: V.M. KANADE J. DATED: 5TH MAY, 2010 P.C. 1. Heard the learned Counsel for the Applicant. 2. The Applicant takes objection to the conditions imposed by the learned Magistrate vide his order dated 18.10.2010 passed in application filed by the Applicant under section 451, 457 of the Indian Penal Code for return of the motor cycle during pendency of the criminal case. 2. It is submitted that apart from other conditions which were imposed, the Learned Magistrate has also directed that the Applicant shall execute a bank guarantee from the nationalized bank for an amount of Rs.3,75,000/-. 2 3. There is some substance in the submission made by the learned Counsel for the Applicant. The Applicant has been asked to execute the indemnity bond of Rs. 7,40,000/-. Apart from that the Applicant shall not make any encumbrance or charge over the said motor cycle and shall produce before the Court whenever ordered. 4. In my view, it would be appropriate if the Applicant gives a solvent surety of Rs.3,70,000/- instead of giving the bank guarantee from the nationalized bank. The order dated 18.12.2010 is, accordingly, modified and condition imposed by the Learned Magistrate directing the Applicant to give bank guarantee of Rs.3,70,000/- is deleted. The Applicant, however, shall give solvent surety in a sum of Rs.3,70,000/- and he shall not take the motor cycle out of the jurisdiction of Maharashtra. 5. Petition is disposed of. (V.M. KANADE J.)