1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3434 OF 2009 Dattatraya Vithoba Patil ....Applicant Vs. The State of Maharashtra ....Respondent ----- Mr.Q.M. Ashfaq for Applicant Mr. H.J. Dedhia -APP for State ---- CORAM: V.M. KANADE J. DATED: 16TH DECEMBER, 2009 P.C. 1. The learned APP for the State seeks time to take instructions. 2. The Applicant was arrested in connection with an offence punishable under sections 420, 423, 465, 467, 468, 471 and 34 of the Indian Penal Code which was registered with the Panvel Police Station vide C.R. No.I-256 of 2007. 3. The Applicant applied for bail before the Sessions Court. The said application was allowed by the Sessions Court by order dated 1.10.2007 and the Applicant was asked to execute the P.R. Bond for a sum of Rs.15,000/- but the further condition imposed on him to furnish a bank guarantee in the sum of Rs. 2 27,00,000/-. The Applicant challenged this order by filing an application in this Court. However, the said amount has been reduced to Rs.10,00,000/- from Rs. 27,00,000/- and direction was given that if the said bank guarantee was not furnished within a period of four weeks, the Applicant should be taken into custody. 4. Since the Applicant could not furnish the bank guarantee for the said amount of Rs.10,00,000/-, he was taken into the police custody and since June, 2008 he is in the custody. 5. Thereafter, the Applicant preferred a fresh application in the Sessions Court for bail which was rejected in view of the order passed by the High Court. The Applicant, therefore, seeks bail since he is in the custody since June, 2008. 6. In my view, since the Appilcant is unable to furnish the bank guarantee for the sum of Rs. 10,00,000/-, the said condition is liable to be relaxed. In the case of Moti Ram v/s. State of M.P. (1979) 1 SCR page 335, the Apex Court has held that if the Court comes to a conclusion that the Applicant is entitled to be released on bail, then unusually heavy amount of bail should not be imposed by the Court. In 3 the present case, since the Applicant could not furnish the bank for the amount of Rs.10,00,000/- and he is languishing in jail. The said condition is, therefore, relaxed. 7. The Applicant be released on bail on execution of P.R. Bond in a sum of Rs.15,000/- with one or two sureties in the like amount. He shall, however, report to the concerned police station twice in a month. 8. Application is disposed of. (V.M. KANADE- J.)