vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.236 OF 2008 WRIT PETITION NO.236 OF 2008 WRIT PETITION NO.236 OF 2008 Shyam Chhabria ... Petitioner V/s. Arjuman Firoz Khan & anr. ... Respondents Mrs.Shubhada Khot for Petitioner Mrs.A.F. Khan, Respondent No.1 present in person Mr.Y.M. Nakhwa, APP, for Respondent-State CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: APRIL 17, 2008 APRIL 17, 2008 APRIL 17, 2008 P.C.: P.C.: P.C.: . By an order dated 4.12.2006 in Criminal Appeal No.435 of 2006, the Sessions Court had recorded the following order: 1. Appeal is allowed. 2. Appellant is acquitted. 3. Pursuant to the consent terms, the amount of Rs.1,00,000/- deposited by the Appellant in 5th Small Causes Court be handed over to the respondent or his advocate. 4. Ex.D-2, Ex.D-3 & Ex.D-4 be returned to the respondent. Cri.Appeal - 435/06 stands disposed of. 2. It appears that while accepting the consent terms and disposing off the appeal, no order was passed regarding the bail bond executed by Petitioner-accused. An application was moved by the accused being : 2 : Miscellaneous Application No.1136 of 2007 for modificication of the order. However, this order was not passed when the application was disposed off. Respondent No.1 who is present in person states that she has no objection if the order in appeal is modified to the extent sought by the petitioner since she had already received the amount as per the consent terms. 3. The order in the appeal is therefore modified to the extent that the bail bond executed by the accused stands cancelled and the amount of Rs.10,000/- deposited by the petitioner be returned to him. 4. Petition is disposed off accordingly.