Learned counsel for the appellant has relied on a judgmentof a Co-ordinate Bench delivered in Criminal Appeal No. 1193 of2023 (Makhijani Pushpak Harish Vs.The State of Gujarat) in whichsuch a pre-condition of furnishing Bank Guarantee was held to be unsustainable. In that judgment, reference was made to anearlier decision of this Court in Criminal Appeal No. 186/2023(Subhash Chouhan Vs. Union of