1. Heard Mr.B.M.Mangukia, learned advocate for the petitioner, Mr. M.R.Mengdey, learned Additional Public Prosecutor for respondent no.1 State of Gujarat and Mr. Bhavesh Chokshi, learned advocate for respondent no. 2.
2. It is settled legal position as held by the Apex Court in Shyamsinh vs. State through C.B.I., 2006(9) SCC 169 that direction to deposit excessive amount, amounts to onerous condition precedent for being released on bail and virtually amounts to denial of bail. Issue Rule returnable on 28th August, 2009. Mr. M.R.Mengdey, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent no.1 State of Gujarat and Mr. Bhavesh Chokshi, learned advocate waives service of notice of Rule on behalf of respondent no. 2. By way of interim relief, condition no. 1 imposed vide order dated 18th March, 2009 in Criminal Miscellaneous Application no. 648 of 2009 shall remain stayed till further orders.
(Harsha Devani,J) ***darji Top