IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4653 OF 2008 CRIMINAL APPLICATION NO. 4653 OF 2008 CRIMINAL APPLICATION NO. 4653 OF 2008 Shri Baburao Balkrishna Joshi ...Applicant vs. The State of Maharashtra ...Respondent Mr.Ganesh Gole for the Applicant. Mr.S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 27, 2009 DATED : JANUARY 27, 2009 DATED : JANUARY 27, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. While granting anticipatory bail, the condition is imposed by the Sessions Court that the applicant to deposit an amount of Rs.6 lakhs within two months failing which the order granting bail shall stand cancelled. 3. A complaint has been filed against the applicant under Sections 406, 467 etc. of the IPC. Taking into consideration the facts and circumstances of the case, in my view, the condition should not have been imposed. - 2 - The Apex Court in a catena of cases held that if the court is satisfied that the case is fit for grant of bail, the applicant cannot be asked to give such surety which he is not in a position to give. The applicant in this case has retired on 4th April, 2002 and therefore, it is submitted that he is unable to fulfil the condition imposed by the court. The applicant is stated to be 71 years of age. 4. Taking into consideration these circumstances, the condition imposed by the Sessions Court is cancelled. 5. The application is, accordingly allowed. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)