bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 607 OF 2008 PETITION NO. 607 OF 2008 PETITION NO. 607 OF 2008 Mr.Vinod Motilal Chitaliya ... Petitioner v/s 1. State of Maharashtra 2. Neelam Jain ... Respondents Mr.S.V.Marwadi i/by S.P.Narkar & P.J.Kanani for the petitioner. Smt.A.A.Mane, A.P.P. for the Respondent No.1 State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 10TH JUNE, 2008 10TH JUNE, 2008 10TH JUNE, 2008 P.C. P.C. P.C.: 1. The petition has been filed challenging the order passed by the Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai, on 10.3.2006. By this order, the Metropolitan Magistrate directed the petitioner to furnish a bank guarantee of Rs.50,000/- and one solvent surety of Rs.50,000/- for his release on bail in C.C.No.2293/SS/2005. Thereafter the petitioner moved an application for modification of the order. In continuation of the earlier order, the learned Magistrate has directed that the accused i.e. the petitioner herein, be released on cash bail of Rs.50,000/- till 24.3.2008. The accused deposited the 2 cash bail of Rs.50,000/- on 10.3.2008. Receipt in respect of the deposit is produced in Court by the learned advocate for the petitioner. 2. On 27.3.2008 when the petition came up for admission, the petitioner was granted an extention of time to deposit the amount for a week. 3. The learned advocate for the petitioner submits that, it is not possible for the petitioner to furnish a bank guarantee as directed by the Court and, therefore, the conditions imposed for granting bail be modified. He submits that instead of furnishing a P.R. bond of Rs.50,000/- and in lieu of the bank guarantee, the petitioner be permitted to deposit some additional amount. 4. The entire claim against the petitioner is Rs.9,06,205/-. In my view, it would be appropriate to modify the order passed by the learned Magistrate in the following terms:- (i) The petitioner shall deposit a further amount of Rs. One lac in the trial Court in lieu of the bank guarantee and one solvent surety within a period of four weeks from 3 today. (ii) In the event, the petitioner fails to comply with the aforesaid modified order, the order dated 10.3.2008 of the learned Magistrate directing the petitioner to furnish a P.R. bond of Rs.50,000/- with one solvent surety of the like amount and for a bank guarantee for the said amount, would come into operation with immediate effect. 5. Petition disposed of accordingly.