1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO. 685 OF 2009 IN CRIMINAL REVN. APPLICATION NO. 716 OF 2009 Girdharilal Sharma Shastry. ... Applicant. V/s. The State of Maharashtra & Anr. ... Respondents. Mr. Ashok Saraogi i/b. V.G. Bagade for the Applicant. Ms. S.V. Gajare, APP for the State. CORAM : S.C. DHARMADHIKARI,J. DATED : 10th FEBRUARY 2010. P.C. :- When this application was placed for orders today, Mr. Saraogi, learned Advocate, on instructions, makes a statement that the Applicant would comply with the orders and directions of the Courts below but some time be granted to hand over vacant and peaceful possession of the flat to the Second Respondent. Barring this request, the Applicant does not press this Application. He does not desire to argue on merits. 2. Mr. Saraogi submits that he has instructions to apply for 12 weeks’ time to hand over possession of the property/flat. 3. After having considered the request and since the Revision Application is being dismissed summarily, interest of justice would be served if three months’ time is granted to the Applicant to hand over peaceful and vacant possession of the flat to the Second Respondent, provided, the Petitioner files an 2 undertaking in this Court to the following effect :- 1. That it is the Applicant who alone is in possession of the flat and paying the requisite charges thereof; 2. That the Applicant has not inducted any third party in possession nor has created any rights in favour of third party and is residing in the flat alongwith his family; 3. That the Applicant will not induct any third party in possession or create any third party rights of any nature whatsoever in respect of flat in question; 4. That after a period of three months, he will hand over vacant and peaceful possession of the premises to the Second Respondent; 4. If such an undertaking is filed within a period of 10 days from today, the sentence imposed, to stand suspended for three months. In default, the Criminal Revision Application being already dismissed, the Courts below would be at liberty to take such steps as are permissible in law. Mr. Saraogi states that even the fine amount will be paid within this extended period. 5. Revision dismissed subject to above. (S.C. DHARMADHIKARI,J.)