SM 1 917.appw.269.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 269 OF 2011 IN CRIMINAL WRIT PETITION NO. 1862 OF 2009 Smt. Panbai Jethalal Poladia @ Shah ....Applicant Versus State of Maharashtra ....Respondent ____________ Mr. S. N. Deshpande for the Applicant. Mr. Y. M. Nakhwa, APP for the Respondent-State. CORAM: B. R. GAVAI, J. DATED : 10TH AUGUST, 2011. P.C.: Rule. Rule is made returnable forthwith. Heard by consent. 2. The applicant has approached this Court for modification of the condition as imposed by this Court by order dated 14th September, 2009. 3. The applicant has approached this Court by way of Criminal Writ Petition No. 1862 of 2009 challenging the order passed by the learned Trial Court imposing the condition of depositing an amount of Rs.1,00,000/- (Rupees One Lakh) while directing the property in question to be handed over to the applicant. This Court had modified the said condition. However, the Court had directed to the Petitioner not to sell the property. 4. The applicant is a 90 years old lady. Undisputedly, the SM 2 917.appw.269.11 crime in question has not been committed by the applicant. Even, according to the prosecution, it is committed by the licensor. 5. In that view of the matter, I find that no purpose would be served in keeping the said condition of not permitting the applicant to dispose of the property. The applicant is at liberty to dispose of the property but on the same way, nature of the property would not change. 6. The application is, therefore, allowed in terms of prayer clause (a). (B. R. GAVAI, J.)