Jitendra Ramchandra Bhandekar vs State Of Maharashtra Thr. Police ...
2017 Latest Caselaw 3442 Bom

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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

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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.

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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