Accused Sushma Sharma and Naresh Trika missed answering an NBW. Once they appeared in court, the magistrate passed an order cancelling the warrants subject to the condition that they submitted a personal bond and furnished a local surety of Rs 50,000 each. The other conditions said they had to be present at the Juhu police station on Sundays and could not leave Mumbai or India without the court's permission.
Advocate Aniket Nikam, counsel for Sharma, said, "Merely because the accused remained absent on one occasion, the trial court imposed onerous conditions which were uncalled for."
Nikam said the two were unable to get a local person to stand surety for them. "For furnishing a surety of over Rs 15,000, the person standing surety has to submit his property papers. This is difficult in a city like Mumbai."
Justice Tahaliyani said, "The order passed by the magistrate is too onerous to be sustained. There is no necessity to impose such stringent conditions in the bail order, particularly when the magistrate is not able to hear the matter expeditiously due to pendency of other cases."
Modifying the bail terms, the HC said the duo be released on a Rs 50,000n bond. Additionally, they were given the option of either submitting a surety or a Rs 50,000 cash deposit. The HC said they could not leave India without permission, but deleted the other conditions including the one that required them to take permission before travelling outside Mumbai and present themselves before the police every week.
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