Yunus Abdul Shaikh And ORS v. Union Of India And ANR

25-WP-463-2023.doc GRM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 463 OF 2023 Yunus Abdul Shaikh & Ors.

... Petitioners V/s.

Union of India & Anr.

... Respondents Mr. Swapnil S. Dargad, Adv. for the Petitioners. Mr. Arfan Sait, APP for the State/Respondent.

CORAM

: R. G. AVACHAT, J.

DATED : FEBRUARY 10, 2023 P.C. :

Heard.

2.

This matter has come up on board not less than three occasions. Learned Advocate for petitioners comes from Aurangabad. He makes a statement that he has served a copy of this writ petition twice through e-mail and personally as well to the learned Advocate, who usually appears for the Department of Customs.

3.

The order impugned herein is directing the petitioners to furnish bail in the sum of Rs. 10,00,000/- each. The alleged offence is that the petitioners were found in possession of foreign currency worth little over Rs. 4,08,00,000/-. The said foreign currency has already been seized. The petitioners are the permanent residents of Aurangabad/Pune. The order directing them to furnish Surety Bond in the sum of Rs. 10,00,000/- each

25-WP-463-2023.doc appears to be an excessive order in the facts and circumstances of the case. This Court is therefore inclined to reduce the amount of Surety Bond from Rs. 10,00,000/- each to Rs. 50,000/- each. The petitioners shall not leave India without permission of the Trial Court.

4.

Rest of the terms of order granting bail to stand unaltered. 5.

In the result, the petition stands disposed of. 6.

Parties to act on the authenticated copy of this order. (R. G. AVACHAT, J.)