1. With the consent of both the parties, the matter is finally heard.

This petition under section 482 of CrPC has been preferred by the petitioner for modifying the order dated 14.11.05, passed by the learned Judicial Magistrate First Class, Ambah, district Morena in Criminal Case No. 1455/05, whereby the application of the petitioner for taking the seized property (Golden bricks) on her supurdginama was allowed subject to the condition of furnishing surety of Rs. 12,50,000/- of a person of district Morena who is doing business of Gold or of any other person, who owns immovable property in district Morena.

2. As per the prosecution case, the petitioner is owner of M/s. Meera Jewellers, situated at Chandni Chowk, Delhi the accused Manoj Sharma is a servant of her firm. On 4.1.2005, the accused Manoj Sharma was given two bricks of gold (each brick of one kg.) by the petitioner to be delivered to the firm known as "Katra Nawab". But on 5.1.2005 the accused informed the petitioner that the said bricks could not be delivered as due to illness of his father, he had gone to his village Kukthari. It is stated that on the day of occurrence on 21.1.2005, the husband of the