1 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. 1190 OF 2005 CRIMINAL APPLICATION NO. 1190 OF 2005 CRIMINAL APPLICATION NO. 1190 OF 2005 IN Cri.Appln. No. 728/2005 Anwar Hanif Khan ..Applicant. V/s. The Appraising Officer, Special Intelligence Investigation ..Respondents. Customs Department & Anr. ----- Shri Uday P. Warunjikar for the Applicant. Shri Ejaz Khan for CBI. Shri A.S.Gadkari, APP for Respondent No.2 -State. ----- CORAM : A.M.KHANWILKAR, J. CORAM : A.M.KHANWILKAR, J. CORAM : A.M.KHANWILKAR, J. DATED : FEBRUARY 24, 2005 DATED : FEBRUARY 24, 2005 DATED : FEBRUARY 24, 2005 PC :- PC :- PC :- 1. Heard counsel for the parties. 2. This application is to relax condition No. (a) imposed by this court on the applicant in bail order dated 8th February, 2005. The backdrop in which this application has been filed is that, after the bail order was granted, the applicant furnished surety in the amount of Rs. One Lakh before the lower court. However, the lower court has discarded that surety by observing that the surety does not know the applicant 2 accused and is therefore, not trustworthy. This reason is recorded in the order dated 16th February, 2005. During the pendency of this application, the applicant caused the surety to appear in this court who in turn made statement before this court that he knows the applicant personally. Besides making that statement, the surety has filed affidavit to that effect, sworn on 14th February, 2005. Counsel for the respondent fairly submits that in view of the said affidavit filed, the reason recorded by the court below cannot stand. 3. In the circumstances, the lower court has to proceed to accept the stated surety, unless the same cannot be reckoned for any other tangible reasons. 4. Application disposed of in the above terms. .....