1 (Cri appln 409 of 2010 in Cri. Wp 270 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 409 OF 2010 IN CRIMINAL WRIT PETITION NO. 270 OF 2007 Ganpat alias Mahesh Hariram Boshnoi and Ors. ...Applicants Vs. State of Mahrashtra and Ors. ...Respondents ----- Mr.Dipen Furia i/b. Niranjan and Co. for Applicants Mrs.M.R. Tidake -APP for the State ----- CORAM: V.M. KANADE J. DATED:30TH NOVEMBER, 2010 P.C. 1. Heard the learned counsel appearing on behalf of the Applicants-Petitioners. 2. This is an application for modification of the order passed by this Court dated 9th September, 2010. By the said order, the application filed by the original complainant for return of property was allowed and the said property was directed to be returned after giving an identity and ascertaining the rate and market value of the property. 2 (Cri appln 409 of 2010 in Cri. Wp 270 of 2010) 3. It is submitted that two additional conditions may be imposed viz. the mark may be put on the gold bars in order to ascertain the same as and when produced by the complainant before the Trial Court and also for execution of a solvent bond from a solvent surety. 4. In my view, it will not be possible to accept the submission made by the learned counsel appearing on behalf of the Applicants. Modification of the order dated 9th September, 2010 will amount to review the same, which is not permissible in view of section 362 of the Cr.P.C. The Applicant may adopt appropriate proceeding. Criminal Application is dismissed. (V.M. KANADE J.)