:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.144 OF 200 CRIMINAL APPLICATION NO.144 OF 200 CRIMINAL APPLICATION NO.144 OF 2009 IN IN IN CRIMINAL APPEAL NO.253 OF 2004 CRIMINAL APPEAL NO.253 OF 2004 CRIMINAL APPEAL NO.253 OF 2004 Shri Nemchand Premji Chheda ...Applicant. v. The State of Maharashtra ...Respondent. Mr.Kapil Dave , adv. for the Applicant. Mr.A.S.Shitole , APP for the Respondent/State. CORAM: CORAM: CORAM: R.V.More,J. R.V.More,J. R.V.More,J. DATE: 17th February, 2009. DATE: 17th February, 2009. DATE: 17th February, 2009. P.C. P.C. P.C. 1. Heard Mr.Dave the learned counsel for the applicant and Mr.Shitole the learned APP for the State. 2. The application is taken out for permission to furnish fresh surety, Dr.Nina Nemchand Chheda in place of previous surety, one Mr.Rajesh Bhawanji Chheda. 3. By the order dated 19th April, 2004, the applicant was released on bail in Criminal Appeal No.253 of 2004 on execution of fresh bond of Rs.50,000/- with one surety in the like amount. One Mr.Rajesh Chheda stood surety for the applicant and, accordingly, the applicant was released on bail. 4. Now it is submitted that the original surety :2: Rajesh who is the cousin of the applicant desires to sell his property as he wants to buy bigger flat for residential accommodation. The surety thereby desires to withdraw the undertaking given earlier to the effect that he shall not transfer or sell or create any third party right in relation to the property. It is further submitted that daughter of the applicant namely Dr. Nina Nemchand Chheda is ready and willing to stand as surety in place of Rajesh Bhawanji Chheda. It is also asserted that Dr. Nina is the owner of separate flat and is solvent to the amount of Rs.50,000/-. 5. Mr.Shitole the learned APP submitted that the applicant be allowed to furnish surety of Dr.Nina. However, the same should be subject to the satisfaction of the Registrar of the Sessions Court. 6. In the facts and circumstances mentioned above and in the interest of justice, I deem it appropriate to allow the applicant to furnish fresh surety of Dr.Nina in place of Rajesh Bhawanji Chheda. However, the same shall be subject to the satisfaction of the Registrar of the Sessions Court. 7. Application stands disposed off. :3: (R.V.MORE, J.) (R.V.MORE, J.) (R.V.MORE, J.)