After having gone through the facts of the case and after
hearing both the sides and particularly considering the fact that the applicant
is permanent resident of Nagpur and is having his business place at Nagpur,
it was not necessary for the learned Magistrate to ask for sureties for return
of property belonging to the applicant/complainant, particularly when the
conditions have been imposed to ensure production of property Hence, the
order passed by the learned Magistrate on 15th December, 2012, as far as
para No.2 of the said order is concerned, is modified as under ;
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.42 OF 2013
Shri Naresh s/o Nemichand Kothari,
The State of Maharashtra,
CORAM : M.L. TAHALIYANI, J.
DATED : 23rd JANUARY, 2013.