- (1.)HEARD the learned Counsel appearing on behalf of the applicants and the learned APP appearing on behalf of the State.
(2.)THIS is an application for relaxation of condition imposed by the Ad-hoc Sessions Judge, Satara whereby applicants have been asked to execute P.R. of Rs.25,000/- each and submit a local surety within the jurisdiction of Satara District and cash security of Rs.25,000/- each.
Counsel for the applicant submits that applicants are permanent residents of Mumbai and they do not know any person from Satara and, as such, though the order was passed granting bail to the applicants on 19/08/2009, they are still languishing in jail. Applicants have annexed Ration Card and Identity Card issued by the Election Commission of India which clearly disclose that they are permanent residents of Mumbai.

The Apex Court in the case of Moti Ram and Ors v. State of M.P. (1979) 1 S.C.R. 335 has laid down that the Court should not impose such conditions for the purpose of furnishing surety which are impossible to perform and where the Court is satisfied that the applicant is entitled to be released on bail, the Court should ensure that the applicant is in a position to avail of the bail which is granted by the Court.

(3.)IN the present case, allegation against the applicants is that they have stolen Scorpio Jeep by administering stupefying substance to the driver of the Jeep and, thereafter, they took away Scorpio Jeep and Cell Phone. This being the only allegation and since the applicants have not been in a position to furnish local surety, the said condition is liable to be relaxed.
Applicants shall furnish P.R. of Rs.25,000/- each with one or two sureties in the like amount. The order dated 14/08/2009 is modified accordingly.