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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO.314/2017
Jitendra Ramchandra Bhandekar,
aged about 23 years, Occ. Labour,
r/o Londholi, Tq. Saoli, Dist. Chandrapur. ....APPLICANT
...V E R S U S...
State of Maharashtra, through
Police Station Officer, Police Station,
Saoli, Dist. Chandrapur. ...NON APPLICANT
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Mr. V. N. Morande, Advocate for applicant.
Mrs. M. H. Deshmukh, A.P.P. for non applicant.
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CORAM:- V. M. DESHPANDE, J.
DATED :- 21.06.2017 ORAL JUDGMENT
1. Rule. Rule returnable forthwith. Heard finally by consent of the parties.
2. The applicant is accused no.3 in Crime No.159/16 registered with Police Station, Saoli for an offence punishable under Section 363, 364-A read with Section 34 of the IPC. The final report is filed by the Police authorities and the trial is pending before the competent court.
3. An application is moved by the present applicant under Section 451 of the Cr.P.C. before the learned Sessions Judge in Sessions Trial No.113/2016 for return of the motorcycle bearing registration No.MH-43/AU9654 (Hero Honda Splendor) on ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 00:57:20 ::: 2 apl314.17.odt suprutnama. The said application is at Exh.-48. The application is rejected by the learned Additional Sessions Judge, Chandrapur. Hence, the applicant has approached this Court by moving an application under Section 482 Cr. P. C.
4. Mr. Morande, learned counsel for the applicant has invited my attention to the Annexure A-2, which is a photocopy of the registration certificate given by the Regional Transport Office, Chandrapur. He points out that the vehicle for which the application was moved stands in the name of the present applicant. Even the learned A.P.P. does not dispute this particular aspect. The application is rejected by the learned Judge on the ground that the vehicle was used in commission of the offence inasmuch as for transferring the the labours from one place to the other. The vehicle is seized on 12.07.2016 and it is rusting in the Police Station.
5. The learned counsel submitted that before the Court below and even before this Court, the applicant has solemnly affirmed that at the time of the trial the said vehicle will be produced for test identification and also submitted that till Sessions Case No.113/2016 is decided, he will not transfer the ownership nor will change the nature of the vehicle. ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 00:57:20 :::
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6. Looking to the aforesaid undertaking given by the applicant, I am of the view that no purpose will be served by keeping the vehicle rusting. Hence, the impugned order dated 08.02.2017 passed by Additional Sessions Judge, Chandrapur in Sessions Case No.113/2016 is set aside. The application Exh.-48 under Section 451 of the Cr.P.C. filed by the applicant is hereby allowed. The applicant is entitled to take vehicle bearing No. MH- 34/HU-9654, on Suprutnama to the tune of Rs.1,00,000/- with an undertaking before the Court that he will not change the nature of the vehicle nor will he transfer the ownership of the same and further he will produce the vehicle at the time of of the trial.
Rule is made absolute in the above terms. No order as to costs.
JUDGE kahale ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 00:57:20 :::