High-Profile Criminal Case: Bail Conditions Modified, Bank Guarantee Reduced from Rs.3 Crore to Rs.1.5 Crore with Two-Month Compliance Window

HC modified bail conditions for the applicant in a criminal case. The original Rs.3 Crore bank guarantee was deemed excessive, and the court reduced it to Rs.1.5 Crore, allowing two months for compliance. The applicant's financial constraints and good conduct were considered, while maintaining other original bail conditions. The modified order was to be communicated to the Jail Authority for immediate implementation.

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Issues:
1) Deletion of condition No. 1 imposed by Chief Judicial Magistrate in granting bail.
2) Whether the condition of furnishing a bank guarantee of Rs.3 Crore is justifiable.
3) Modification of the condition imposed by the Chief Judicial Magistrate.
4) Applicant's willingness to furnish a bank guarantee of Rs.1.5 Crore within a specified time frame.

Analysis:
Issue 1: The applicant filed an application seeking deletion of condition No. 1 imposed by the Chief Judicial Magistrate in a criminal case granting bail. The condition required the applicant to furnish a bank guarantee of Rs.3 Crore until the final disposal of the case. The applicant found it impractical to arrange such a huge amount and approached the court for relief.

Issue 2: The Additional Sessions Judge confirmed the condition imposed by the Chief Judicial Magistrate, leading the applicant to challenge the decision. The applicant argued that the condition of providing a bank guarantee of Rs.3 Crore was onerous and practically impossible due to financial constraints. The applicant's counsel contended that such a condition would virtually disallow the bail, emphasizing the applicant's willingness to provide a bank guarantee of Rs.1.5 Crore within a reasonable time.

Issue 3: The High Court considered the submissions of both parties and evaluated the circumstances. The court noted the applicant's good conduct during the period of incarceration and the nature of the alleged offence. After careful consideration, the court found merit in modifying the condition imposed by the Chief Judicial Magistrate, Vadodara, to ensure a balance between the requirements of the case and the applicant's situation.

Issue 4: The High Court allowed the application and modified the condition, directing the applicant to furnish a bank guarantee of Rs.1.5 Crore within two months from the date of the court's order. The rest of the conditions imposed by the Chief Judicial Magistrate remained unchanged. The court ordered the registry to communicate the decision to the concerned Jail Authority promptly, permitting direct service for compliance.

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