vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.986 OF 2007 CRIMINAL APPLICATION NO.986 OF 2007 CRIMINAL APPLICATION NO.986 OF 2007 Shri Hasmukhlal M. Jani & Ors. ... Applicants V/s. State of Maharashtra & Anr. ... Respondents Mr.Prakash Naik i/b U.V. Singh for Applicants Mr.D.P. Adsule, APP for Respondent-State Ms.Nutan Desai for Respondent No.3 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: MAY 2, 2008 MAY 2, 2008 MAY 2, 2008 P.C.: P.C.: P.C.: . The application has been moved against the order passed by the Additional Chief Metropolitan Magistrate, 24th Court, Borivali, Mumbai directing that the property i.e. Flat No.501, Shri Sai Krupa Co-op. Housing Society Ltd., M.G. Cross Road, Patel Nagar, Kandivali (East), Mumbai be sealed. The applicants have stated that the flat in question had not been sealed and, therefore, this Court had stayed the order passed on 15.11.2006 by the Additional Chief Metropolitan Magistrate, 24th Court, Borivali, Mumbai. This order granting a stay has continued till today. An affidavit has been filed by the State of the Senior Inspector of Police presently attached to the Tardeo Police station indicating that if the flat is not sealed, the applicant would sell the flat and it would not be available when the trial proceeds. 2. This apprehension of the State can be set at rest by directing the applicants to file an affidavit : 2 : that they would not part with the possession of the flat or alienate the same in any manner whatsoever. 3. Accordingly, the order dated 15.11.2006 of the Additional Chief Metropolitan Magistrate, 24th Court, Borivali, Mumbai is quashed and set aside on the following direction: The applicant Nos.1, 2 and 3 and all other adults who are residing in Flat No.501, Shri Sai Krupa Co-op. Housing Society Ltd., M.G. Cross Road, Patel Nagar, Kandivali (East), Mumbai shall furnish an undertaking to the Additional Chief Metropolitan Magistrate, 24th Court, Borivali in C.C. No.262/2006 within one week from today indicating that they will not sell, transfer or alienate in any manner the said flat or create any third party rights in the said flat. 4. With this direction, the Criminal application is disposed of. 5. In view of the disposal of the Criminal Application itself, nothing remains in Miscellaneous Application No.216 of 2007 and the same is disposed of accordingly.