JUDGMENT :

1. This is an application filed by the applicant with a prayer inter alia for quashment of condition no.3(vi) imposed in order while releasing him on regular bail vide order dated 18.07.2023 passed in Criminal Miscellaneous Application No.5329 of 2023 by the learned Additional Sessions Judge, Surat and the order dated 25.07.2023 passed in Criminal Miscellaneous Application No.5701 of 2023 and thereby to modify / delete the said condition.

2. Heard learned advocate Mr.Samir Afzal Khan for the applicant and learned Additional Public Prosecutor Ms.Jirga Jhaveri for respondent State.

3. Rule. Learned Additional Public Prosecutor Ms.Jhaveri waives service of notice of Rule on behalf of respondent State.

4.1 Learned advocate Mr.Samir Afzal Khan relying upon judgments of Hon’ble Apex Court has submitted that the Hon’ble Supreme Court has often vide various judgments observed and disapproved the pre-condition of payment of money in granting bail, specifically in case of alleged cheating for offence under Sections 406, 420 of the Indian Penal Code which would tantamount to recovery proceedings on behalf the complainant which has been deprecated by the Apex Court.

4.2 Learned advocate