Learned Magistrate or
the Sessions Judge may also note that the
Criminal Manual, Chapter-I, prescribes that
production of solvency certificate from the
Revenue Authorities is not always essential and
may be insisted upon only in cases of doubt and
cases involving large sums. Rupees 20,000/- is
not a large sum. It also provides that
insistence upon the possession of immovable
property by sureties in bonds of small amounts
not exceeding `15,000/- would also cause
serious inconvenience. So upto `15,000/- the
surety need not even have any immovable
property. The learned Magistrate and the
Sessions Judge would consider this while
dealing with similar situation in future.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE – CRIMINAL
APPLICATION NO.1438 OF 2012
Khalil Ahmed Shaikh Vs. The State of Maharashtra
CORAM: R.C. CHAVAN, J.
DATED: JANUARY 09, 2013
1. It is unfortunate that the applicants
have to rush to this Court to seek modification
of the order passed by the learned Additional
Sessions Judge admitting the applicants to
anticipatory bail. The application is allowed.
The applicants are allowed to furnish any
number of sureties in the aggregate sum of
`20,000/-. However, the learned Magistrate or
the Sessions Judge may also note that the
Criminal Manual, Chapter-I, prescribes that
production of solvency certificate from the
Revenue Authorities is not always essential and
may be insisted upon only in cases of doubt and
cases involving large sums. Rupees 20,000/- is
not a large sum. It also provides that
insistence upon the possession of immovable
property by sureties in bonds of small amounts
not exceeding Rs. 15,000/- would also cause
serious inconvenience. So upto `15,000/- the
surety need not even have any immovable
property. The learned Magistrate and the
Sessions Judge would consider this while
dealing with similar situation in future.
2. Let the Registry bring this position
to the notice of all concerned.
3. The application accordingly stands
disposed of.
(R.C. CHAVAN, J.)
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