1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1058 OF 2009 IN CRIMINAL APPEAL NO.1279 OF 2008 Meghraj Suryakant Birajdar ...Applicant Vs. Hanmantrao Shivsharnappa Mali-Patil & Anr. ...Respondents Mr. Surel S. Shah, Advocate for the Applicant Mr. V.B.Konde-Deshmukh, A.P.P for the State CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. Dated : 22ND SEPTEMBER, 2009 P.C. : 1.Heard Mr. Shah, learned Counsel for the applicant/original complainant and by this application prays for return of muddemal property viz. Gold ornaments recovered in Sessions Case No. 205/2007 decided by the learned Sessions Judge, at Solapur. 2.Similar application was submitted by the applicant before the learned Sessions Judge, but came to be filed on the ground that Criminal Appeal No. 1279/2008 filed by the original accused is pending before this Court. 2 3.Mr. Konde-Deshmukh, learned A.P.P states that he has taken instructions from the concerned police station and even in the order of conviction and sentence dated 25th June 2008 the learned Sessions Judge has directed to return Article Nos.9 and 10 which are 4 gold bangles and one gold ring to P.W.3 Meghraj Suryakant Birajdar. Mr. Shah has also furnished an undertaking before us that, if and when these articles are required to be presented before this Court during the hearing of Criminal Appeal No.1279/2008, they shall be brought back. 4.Hence the application is allowed in terms of prayer clause (a) subject to the applicant furnishing undertaking before the trial Court to the satisfaction of the learned Session Judge. [SMT.ROSHAN DALVI, J.] [B.H. MARLAPALLE, J.]