1 CR.WP NO.122/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.122/2011 1. Vikas s/o Kisan Bhalgat, Age: 36 years, Occu: Business, r/o Ward No.6, Shrirampur District Ahmednagar. 2. Shobha w/o Vikas Bhalgat, Age 32 years, Occu: Business, r/o Ward No.6, Shrirampur, Taluka Shrirampur, District: Ahmednagar. ...PETITIONERS (Orig.accused) VERSUS 1. The State of Maharashtra, Through the Police Station, Shirdi, Tq. Rahata, Dist. Ahmednagar. ...RESPONDENT ... Mr.S.P.Chapalgaonkar & Mr. S.S.Chapalgaonkar, Advocates., for the petitioners. ... CORAM: K.U.CHANDIWAL, J. DATE:4-3-2011 *** PER COURT : 1. Heard. The applicants, husband and wife, indeed, have questioned legality of the order dt. 2 CR.WP NO.122/2011 15.12.2010 in Criminal Miscellaneous Application No.251/2010, recorded by the learned Additional Sessions Judge, Kopargaon, dist. Ahmednagar, concerning release of the vehicle Tavera Jeep bearing No.MH-16-W-0333. The grievance is, the condition of cash security of Rs.30,000/-( Rs. thirty thousand) and two sureties of Rs. 3,00,000/- (Rs. three lacs) is harsh in itself and some relaxation should be made in favour of the applicants herein. 2. Reading paragraph no.5 of the order dt. 15.12.2010 and the operative part, particularly clauses imposing conditions in respect of user of the vehicle, inhibition for identical use, obtaining photographs from different angles with Registration number, is illustrative of the concern expressed by the learned Additional Sessions Judge. However, no reasons are assigned for clamping to claim security of Rs.30,000/- ( Rs. thirty thousand). 3. Considering financial worth of the applicants, and the nature of prosecution they have been facing/slapped, it is practically impossible to furnish cash security of Rs. 30,000/-. This order calls for interference. 4. The second aspect is, the ID value of the Tavera Jeep is considered as Rs.3,00,000/- 3 CR.WP NO.122/2011 ( Rs. three lacs) based on Insurance cover. The requirement of law is, the vehicle should be kept in a proper condition and to ensure that it is produced before the Court whenever commanded. Wastage of the vehicle or deterioration is not contemplated under the Statute. The surety in the sum of Rs.3,00,000/- (Rs. three lacs) also calls for interference and, it is reduced to Rs. 2,00,000/- ( Rs. two lacs) with the same conditions. ORDER a) The writ petition is partly allowed. The order of cash security of Rs.30,000/- ( Rs. thirty thousand) is set aside. The order of furnishing two sureties, for a total sum of Rs.3,00,000/- ( Rs. three lacs) is modified to Rs.2,00,000/- ( Rs. two lacs), with other conditions remaining un- altered. (K.U.CHANDIWAL) JUDGE agp/122-11crwp