ORDER :

1. Leave granted.

2. We have heard learned counsel for the parties.

3. On being arrested on the basis of complaint filed by the Superintendent (Prevention) of Central GST and Central Excise, Vadodara, for the offences punishable under Sections 69, 132(1)(a) of the Central Goods and Services Act, 2017 (for short ‘CGST’) the appellant made an application under Section 437 of the Code of Criminal Procedure, 1973 for seeking bail before the Court of Chief Judicial Magistrate, Vadodara.

4. The bail was granted subject to the condition that the appellant submits a bank guarantee of an amount of Rs. 3 crores along with certain other conditions.

5. Aggrieved by the imposition of condition for deposit of bank guarantee, as a pre-deposit for a bail, the appellant approached the High Court by filing Criminal Miscellaneous Application No. 710 of 2023 which came to be disposed of by the order dated 12.01.2023 impugned herein, whereby the High Court modified the condition of furnishing bank guarantee of an amount of Rs. 3 crore by reducing it to Rs. 1.5 crore.

6. Such pre-condition of deposit of an amount or furnishing a bank guarantee has been the subject matter of consideration by this Court