vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.988 OF 2007 CRIMINAL APPLICATION NO.988 OF 2007 CRIMINAL APPLICATION NO.988 OF 2007 Suhas Balu More ... Applicant V/s. State of Maharashtra & Ors. ... Respondents Mr.Prakash Naik i/b U.V. Singh for Applicant Mr.D.P. Adsule, APP for Respondent-State CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: MAY 2, 2008 MAY 2, 2008 MAY 2, 2008 P.C.: P.C.: P.C.: . The application has been moved against the order passed by the Additional Chief Metropolitan Magistrate, 24th Court, Borivali, Mumbai directing that the property i.e. Flat No.105, Shri Sai Krupa Co-op. Housing Society Ltd., M.G. Cross Road, Patel Nagar, Kandivali (East), Mumbai be sealed. The applicants have stated that the flat in question had been sealed. An affidavit has been filed by the State of the Senior Inspector of Police presently attached to the Tardeo Police station indicating that if the flat is unsealed, it would be sold by the applicants and it would not be available when the trial proceeds. 2. This apprehension of the State can be allayed by directing the applicants and all the adult family members of her family to file an affidavit that they would not part with the possession of the flat or alienate the same in any manner whatsoever. : 2 : 3. Accordingly, the order dated 15.11.2006 of the Additional Chief Metropolitan Magistrate, 24th Court, Borivali, Mumbai is quashed and set aside on the following direction: i) The applicant and all other adults who were residing in the concerned Flat No.105, Shri Sai Krupa Co-op. Housing Society Ltd., M.G. Cross Road, Patel Nagar, Kandivali (East), Mumbai alongwith the applicant shall furnish an undertaking to the Additional Chief Metropolitan Magistrate, 24th Court, Borivali in C.C. No.262 of 2006 within one week from today, indicating that they will not sell, transfer or alienate in any manner the said flat or create any third party rights in the said flat. ii) The seal will be removed only after the undertaking is furnished. 4. With these directions, the Criminal application is disposed of. 5. In view of the disposal of the Criminal Application itself, nothing remains in Miscellaneous Application No.218 of 2007 and the same is disposed of : 3 : accordingly.