FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.111 OF 2009 Dhanpat Banarasidas Agrawal Vs. State of Maharashtra & Ors. _____________________________________________________________________________________ Office Notes, Office Memoranda of : Coram, appearances, Court s orders : ’ or directions and Registrar s’ : Court s or Judge s orders ’ ’ orders : _____________________________________________________________________________________ Mr.M.G.Shukla i/b. Madhusudan Parekh for Applicant Mr.Satyajeet Dighe for respondent No.2. Mrs.P.P.Shinde APP for State. CORAM : S.C. DHARMADHIKARI, J. DATED : 1st February 2010. PC :- 1. Heard. 2. A request is made in this application to modify the condition imposed by this Court while enlarging the applicant on bail. By the order dated 26th September 2006, the applicant was enlarged on bail by this Court but while enlarging him the Court recorded that the applicant shall give an undertaking with regard to two shops that the same would not be alienated, encumbered or parted with possession of or otherwise dispose of till further orders of the competent court/ authority. This Court ordered that possession of the shop premises should be handed over to the Administrator or such authority as and when called for. 3. The request is to modify this condition soas to enable the applicant to use and occupy the shop premises for temporary period. It is urged that the applicant has handed over the premises and for the last three and half or more years, the Administrator could not dispose of the same. Therefore, till such time as he disposes of the same the order be modified so as to enable the applicant to use and occupy the premises. On the last occasion, time was sought to take instructions from the Administrator. The Administrator was also orally directed to remain present with the records. However, today it is stated that the Administrator is unable to remain present. 4. Considering the peculiar facts of this case, the order passed by this Court is modified to the limited extent that the applicant shall use and occupy the premises until the same are sold and disposed of by the Administrator. However, he shall continue to be bound by the undertaking and shall not part with possession or create any interest in favour of any third parties in any manner. Even during the period in which he is allowed to use and occupy the premises. However, on the sale being complete, the applicant must undertake to this Court to hand over vacant and peaceful possession of the premises to the Administrator/ purchaser. 5. On such undertaking being filed within ten days from today, the order dated 26th September 2006 shall stand modified only to the extent that the applicant will be permitted to use and occupy the premises. Applicantion disposed of. (S.C.Dharmadhikari, J.)