Vinayak Narayan Seshadri v. Directorate Of Enforcement Government Of India And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.83 of 2022 Vinayak Narayan Seshadri ..Applicant VS.

Directorate of Enforcement Government of India and anr.

..Respondents ------------ Ms. Reshmarani Nathani i/b. Mr. Pradeep Hingorani for the Applicant.

Ms. P. N. Dabholkar, APP for the State.

Mr. Shreeram Shirsat a/w Ms. Nishi Singhvi a/w Mr. Shekhar Mane for respondent No.1.

------------ Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2023.01.20 18:23:48 +0530 PRADNYA MAKARAND BHOGALE CORAM : M. S. KARNIK, J.

DATE : JANUARY 20, 2023 P.C. :

1.

Heard learned counsel for the applicant.

2.

This is an application for modification of the condition imposed by the Special Court (PMLA) while granting bail to the applicant. The applicant was directed to execute P.R. bond of Rs.5 lakhs with one or more solvent sureties in the like amount and out of which one surety was to be somebody residing within the jurisdiction of the Special Court. The applicant furnished the cash bail surety. The applicant applied to the Special Court that he is not in a 1/3

position to get a solvent surety and therefore the condition be released. The order was passed by the Special Court to release the applicant on 22/02/2021. It is not the case that the applicant has misused his liberty while being on bail upon his furnishing cash bail surety. The applicant pleads that he is not in a position to furnish solvent sureties. Considering that the applicant was released on bail on 22/02/2021, and since then he has not misused his liberty, the condition of furnishing solvent sureties can be modified since the applicant still continues on bail on the basis of the cash surety so furnished. The applicant's passport is already with the Enforcement Directorate and therefore there is no question of he now being a flight risk. However, in the light of the order that I propose to modify, it is necessary for the applicant to report to the Enforcement Directorate once in every two months on 1st Saturday of every alternate month between 11.00 a.m. and 1.00 p.m. commencing from February, 2023.

3.

Normally, I would not have been inclined to modify the condition of furnishing solvent surety, however, it is in the 2/3

peculiar facts of this case that I have proceeded to take this course of action.

4.

The application is disposed of.

(M. S. KARNIK, J.) 3/3