((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.510 OF 2007 IN CRIMINAL APPLICATION NO.7812 OF 2005 IN CRIMINAL APPEAL NO.123 OF 2005 Upendra Trarahcand Shah Applicant versus State of Maharashtra and ors. DCB, CID, Mumbai Respondent Mr.Raja Thakare for applicant. None for the respondent. CORAM : A.S.OKA, J. DATE : 12th December 2008 PC : 1. In view of the order dated 26th October 2007 this application has been specially assigned to this Court. The learned counsel appearing for the applicant states that the service has been duly completed to all the respondents. The order dated 17th October 2008 passed by this Court records that only the third respondent appeared through an advocate who gave no objection for grant of prayers made in this application. ((-2-)) 2. The applicant is the original complainant. The present application is for grant of permission to the applicant to dispose of the property more particularly described in the application. By order dated 13th December 2006 passed in Criminal Application No.7812 of 2005 the Trial Court was directed to implement the directions given in the judgement in Sessions Case No.218 of 2001 by handing over the property as per the operative part of the said judgement to the applicant. The applicant was directed to furnish adequate security to the satisfaction of the Trial Court for the cash amount. The applicant was also directed to furnish a surety bond recording an undertaking to maintain the jewellery/articles till the disposal of the appeals and to produce the same before the Court in case a direction to that effect is issued. This Court directed that before handing over the articles/jewellery to the applicant the same shall be properly photographed at the cost of the applicant in the presence of an officer of the Trial Court. By the present application the applicant is seeking permission to dispose of the movable property which is subject matter of the said proceedings. ((-3-)) 3. It is pointed out that none of the accused have claimed any right, title or interest in respect of the cash or the movable articles. On the last date the learned APP also accepted the fact that none of the accused have claimed any right, title or interest in respect of either the cash or the articles. In terms of the order dated 17th October 2008 passed by this Court, the registry of the Sessions Court has obtained valuation of the gold jewellery and diamond jewellery from Mr.Laxmidas S. Kothari, a Government appointed registered valuer. The report shows that the value of the articles is Rs.1,09,28,931/-. 4. No one has raised an objection to the prayers made in this application. So far as the cash is concerned, the order is already passed on 13th December 2006 while disposing of the Criminal Application No.7812 of 2005. The appeal is not likely to be heard in near future considering the pendency of old appeals in this Court. So far as the gold and diamond jewellery is concerned, in view of the factual position set out above, permission deserves to be granted to the applicant to receive the same ((-4-)) and to dispose of the same subject to furnishing adequate security in the sum of Rs.1,09,28,931/- to the satisfaction of the Sessions Court. 5. The application is disposed of by passing following order :- (a) Insofar as cash is concerned, the order dated 13th December 2006 passed in Criminal Application No.7812 of 2005 stands modified only to the extent that the applicant will be entitled to take cash amount subject to compliance with the condition imposed by sub clause (ii) of clause 7 of the order dated 13th December 2006 by furnishing one or two sureties; (b) The applicant is entitled to take custody of the articles/jewellery subject to furnishing security in the sum of Rs.1,09,28,931/- to the satisfaction of the Sessions Court. Before accepting the security the Sessions Court will hear the concerned public prosecutor; (c) Before handing over the articles/jewellery to the applicant the same shall be properly ((-5-)) video filmed at the cost of the applicant in the presence of an officer of the Sessions Court. The video film and/or C.D. shall be kept in a sealed envelope and the envelope shall be signed by the applicant and the said officer of the Court. The sealed envelope shall be kept in the record of the concerned Sessions case. If the record is transmitted to this Court, the packet shall also be transmitted to this Court and shall be kept on the record; (d) On compliance of the aforesaid requirements, the applicant will be entitled to deal with and/or dispose of the jewellery. The earlier order dated 13th December 2006 in Criminal Application No.7812 of 2005 is modified to the above extent; (e) Writ to be sent expeditiously. (A.S.OKA, J.)