1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 19 OF 2009 IN CRIMINAL APPLICATION NO.2951 OF 2008 Mrs. Sunita Kamlesh Kochra ....... Applicant. V/s State of Maharashtra & Anr. ....... Respondents. ------ Mr. Ramprakash Pandey for the applicant. Mr. D.P. Adsule, APP for the State. ------- CORAM : V.M. KANADE, J. DATE : 22nd January, 2009 P.C:- 1. Counsel for the applicant submits that respondent No.2 has been served. Applicant is directed to file affidavit of service within one week from today. 2. This is an application for modification of the order passed by this Court in Criminal Application No.2951 of 2008 which was filed by respondent No.2. Applicant herein is the wife of Respondent No.2. She filed a complaint against respondent No.2 for the offence punishable under section 498-A, 406 read with section 34 of the Indian Penal Code. In the Trial Court, application was made by her for return of Stridhan. In the said application, the learned Magistrate was pleased to direct that the said property including the cash 2 amount of Rs 1,23,430/- should be returned to her and, in the said application, respondent No.2 had given his no objection which was recorded by the learned Magistrate. Thereafter, respondent No.2 filed an application for anticipatory bail. In the said application, the fact that he had given his no objection to the applicant in the trial court was suppressed. This Court, therefore, directed that the cash amount should be invested in a Nationalized Bank. 3. Counsel for the applicant submits that this condition of investment of the cash amount in the Nationalized Bank be modified in view of the order passed by the learned Metropolitan Magistrate dated 20/08/2008 in Notice No. 236/N/2008 in C.R. No.192 of 2008. 4. In my view, since no objection had been given by respondent No.2, question of investment of the cash amount in the Nationalized Bank does not arise. The learned Magistrate has taken an undertaking of of the respondent No.2 that he has no objection if all the articles and cash amount is returned to the applicant. The order dated 29/09/2008 passed in Criminal Application No. 2951 of 2008 is accordingly modified and the condition of investment of the cash amount in the Nationalized Bank is deleted. 5. If affidavit of service is not filed within one week from today, this order shall stand vacated without further reference to this Court. 3 (V.M. KANADE, J.)