AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.57 OF 2010 IN CRIMINAL APPEAL NO.336 OF 2007 Rajendra Appa Dagadu Atpale ... Applicant Vs. The State of Maharashtra. ... Respondent Ms. Rashmi Gagrani h/f. Mr. Ganesh Gole for the applicant. Ms. P.H. Kantharia, A.P.P. for the State. CORAM: SMT. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED : 25TH JANUARY, 2010. P.C.:- 1. On 20/7/2007, a Division Bench of this court presided over by Justice R.M.S. Khandeparkar released the applicant along with his co-accused on bail in the sum of Rs.30,000/- each with one or two sureties to make up the amount. This AJN 2 application is filed by the applicant Rajendra Appa Dagadu Atpale, who is original accused 1 praying that he may be permitted to furnish fresh surety and Mr. Dattatray Laxman Gujar, who has stood as surety for him, may be discharged. 2. It is stated in the application that Mr. Dattatray Laxman Gujar, who has stood surety for the applicant wants to sell part of the property being Survey No.175 situated at Village Kodve, Dist. Satara on the basis of which he had stood surety. In view of this, it would be appropriate if the applicant makes an application before the Sessions Court, Mumbai making the same prayer. Learned counsel states that an appropriate application will be made before the Sessions Court, Mumbai. If such an application is made, we direct the Sessions Court, Mumbai to consider it in accordance with law and if the surety, who is now being offered is found to be proper accept it after making necessary verification and discharge the earlier surety of Dattatray Laxman Gujar. AJN 3 3. We make it clear that the Sessions Court, Mumbai shall pass order independently and in accordance with law. 4. The application is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [MRS. MRIDULA BHATKAR, J.]