2023 (1) TMI 1256

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....or the Respondent No. 1 : Mr. L.B. Dabhi, App. ORAL ORDER 1) RULE. Learned Additional Public Prosecutor waives service of rule on behalf of respondent - State. 2) The present application has been filed for deletion of condition No. 1 imposed by the Chief Judicial Magistrate, Vadodara in Criminal Case No. 28840 of 2022 vide its order dated 14.12.2022 granting bail to the present applicant ....

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....e case. Thereafter, the applicant, because of such condition, visited bank concerned, where, he came to know that the applicant has to deposit 110% amount of fixed deposit bank guaranteee, if the applicant furnish bank guarantee of Rs.3 Crore, which is practically not possible for applicant to arrange huge amount. 4) Being aggrieved by such condition, the applicant has approached before Additio....

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.... Mr. Dagli, learned advocate for the applicant has submitted that the condition imposed by Chief Judicial Magistrate, Vadodara , while releasing the applicant on bail, with a condition to furnish bank guarantee of Rs.3 Crore, is onerous. He further submitted that it is impossible to manage huge amount of fixed deposit for the applicant and not bearable by present applicant, being not in a good fin....

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....I have heard the learned advocates for the respective parties and have gone through the averments made in the application that the applicant is in jail since September, 2022 and during his jail period, his conduct is also good. Keeping in mind the offence alleged, in my considered opinion, the application deserves to be allowed by modifying the condition imposed by Chief Judicial Magistrate, Vadod....