2009 (4) TMI 512 - HC - Indian Laws

Reduction of the additional cash security - applicant had filed an application to go abroad. The said application was allowed. The learned Magistrate however directed that the applicant should deposit additional cash security of Rs. 10 lakhs in the court - applicant submits that the Sessions Court has wrongly recorded that the said amount was reduced from Rs. 10 lakhs to Rs. 6 lakhs with the consent of both sides - Held that - Sessions Court was justified in reducing it to Rs. 6 lakhs. No case is made out for interfering application accordingly rejected.

Summary

The High Court of Bombay, in a judgment delivered by V.M. Kanade, J., heard an application for reduction of additional security amount directed to be deposited by the Sessions Court. The applicant had filed an application to travel abroad, which was allowed, but the learned Magistrate imposed a condition of depositing additional cash security of Rs. 10 lakhs. The applicant appealed to the Sessions Court, where the amount was reduced to Rs. 6 lakhs. The applicant argued that the reduction was wrongly recorded as being with the consent of both sides and that the amount was excessive. The applicant suggested providing an alternative security instead of cash, citing the deposit of Rs. 1 crore to demonstrate bona fide. The High Court opined that the Sessions Court was not justified in stating that the bail amount was reduced with the consent of parties, but it was justified in reducing it to Rs. 6 lakhs. Consequently, the High Court rejected the application for further interference with the order of the Additional Sessions Judge, Greater Bombay. This summary provides a detailed analysis of the issues involved in the judgment, covering the key points of contention and the final decision made by the High Court.