MOBIN BASHIR AHMED KHAN Vs. STATE

JUDGEMENT

(1.) HEARD the learned counsel for the applicant and the learned APP. Perused the order granting bail and the impugned order forfeiting surety amount.

(2.) IT appears that the present applicant alongwith the accused no.1 Sangita and one absconding accused Huma Khan lured the complainant Mita Arvind Phatak to deposit an amount of Rs.9,35,000/-at different times by giving her E-mail message that she was getting huge lottery amount from BMW, U.K. She deposited the said amount in different accounts as per the instructions. Finally, it was revealed that she was cheated and on her report, crime no.262/2009 came to be registered under Sections 420, 465, 467, 469 and 471 of the I.P.C. at Juhu Police station. By the order dated 10.2.2010, the learned Additional Sessions Judge granted bail to the present applicant and the accused no.1 Sangita and they were directed to be released on their executing P.R. of Rs. 50,000/- each with one or two sureties in the like amount for a period of one month. They were also allowed to deposit an amount of Rs.50,000/- each as cash security in lieu of surety. They were also directed to attend Juhu police station on every Sunday till the end of the trial. Applicant executed personal bond and also deposited an amount of Rs.50,000/- as cash security. However, he could not furnish surety even after expiry of one month after release from the jail. On that ground Metropolitan Magistrate, 22nd Court Andheri by the order dated 30.4.2010 forfeited cash security and directed the said amount to be credited to the Government and also to issue Non Bailable Warrant against the present applicant. The applicant has filed writ petition no.1802 of 2010 challenging forfeiture of cash security and he has filed criminal application no.2737 of 2010 for reduction of bail amount on the ground that he being poor is unable to secure surety in the sum of Rs.50,000/-.

(3.) FOR the aforesaid reasons, writ petition no.1802 of 2010 is allowed and the order dated 30.4.2010 forfeiting cash deposit of Rs. 50,000/- in lieu of surety is hereby set aside. Criminal Application No. 2737 of 2010 is partly allowed and the applicant is allowed to furnish 3 or 4 sureties to make up an amount of Rs.50,000/-, within one month from this date. Till then, he shall be deemed to be on bail on the basis of cash security. If he fails to furnish sureties as per this order, he shall be liable to be taken in custody. Other conditions imposed in the original bail order shall continue to be in operation.