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BOMBAY HIGH COURT
Amit Borkar, J
Awlencan Innovations India Ltd. – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. challenging the imposition of a bank guarantee. (Para 1 , 2 , 3 , 4) |
| 2. court finds the condition of surety bond unreasonable. (Para 5 , 6) |
CORAM : AMIT BORKAR, J.
DATE : OCTOBER 20, 2022 P.C.:
1. By this Petition under Article 227 of the Constitution of India, the petitioner is challenging order dated 6th September 2022, passed by the learned Sessions Judge in Criminal Revision Application No.59 of 2022 to the extend of Condition No.2A in the order thereby directing bank guarantee for the amount.
2. Petitioner had filed an application under Section 102 read with 457 of Code of Criminal Procedure, 1973 , seeking direction to refreeze his bank account.
3. Learned Magistrate in paragraph nos. 11 and 12 recorded categorical findings that the applicant-company has no nexus with the crime in relation to which the bank account was freezed. However, learned Magistrate imposed a condition of furnishing bank guarantee equivalent to the amount lying in the bank.
4. The said order was challenged before the learned Sessions Judge. The learned Sessions Judge by impugned order modified the order of Magistrate to the extend of directing petitioner to furnish solvent surety bond to th
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