1 (APL 73 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.73 OF 2011 Mahesh Meghrajji Jethwani ...Applicant Vs. The State of Maharashtra ...Respondent --- Mr.P.P. Runwal for Applicant Ms.A.T. Jhaveri -APP for State --- CORAM: B.R. GAVAI J. DATED: 21st July, 2011 P.C. 1. By a present application, the Applicant is seeking to challenge the order dated 21st December, 2010 passed by the Chief Judicial Magistrate, thereby, allowing the application of the present Applicant for releasing the property on execution of bond of Rs.41,00,000/-. 2. It is the contention of the learned counsel for the Applicant that in view of the judgment of the Full Bench of this Court in Criminal Writ petition No.3198 of 2009 along with other matters, the immovable property is not covered under section 102 of Cr.P.C. 3. Without going into that controversy, I find that in the interest of justice, it will be appropriate if the impugned order is modified. 4. Instead of furnishing the solvent surety in the sum 2 (APL 73 of 2011) of Rs.41,00,000/-, the property be released on an undertaking to be given by the Applicant and his wife to this Court that during the pendency and final disposal of the criminal proceedings, the Applicant and his wife will not create the third party rights in respect of the said flat nor they will part with possession of the said flat to anyone by executing leave and licence agreement. The said undertaking to be filed within a period of one week from today. The Criminal Application is disposed of in the aforesaid terms. (B.R.GAVAI J.)