Shri. Bajirao S/O. Motiram Barse vs State Of Maharashtra Thr. G.R.P. ...
2018 Latest Caselaw 1075 Bom

        J-cwp1162.17.odt                                                                                                  1/2 


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           NAGPUR BENCH, NAGPUR


                         CRIMINAL WRIT PETITION No.1162 OF 2017


        Shri Bajirao s/o. Motiram Barse,
        Aged about 50 years,
        Occupation : Business,
        Resident of - Near Jamadarwada, Amgaon,
        District Gondia.                                                            :      PETITIONER

                           ...VERSUS...

        State of Maharashtra,
        Through G.R.P. Itwari, Nagpur.                                               :      RESPONDENT


        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
        Shri S.A. Sahu, Advocate for the Petitioner.
        Ms. R.V. Kalia, Addl. Public Prosecutor for the Respondent.
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-


                                                      CORAM  :   S.B. SHUKRE, J.

th DATE : 29 JANUARY, 2018.

ORAL JUDGMENT :

1. Heard.

2. Rule. Rule made returnable forthwith.

3. Heard finally by consent.

4. It is not in dispute that the seized cash amounting to

Rs.2,94,000/- now has been already deposited with the Reserve Bank of

India. This would mean that now the seized currency notes valued at

J-cwp1162.17.odt 2/2

Rs.2,94,000/- have lost their distinct identity. So, I do not think that

there is any impediment in allowing the application of the petitioner to

release the seized cash amount of Rs.2,94,000/- on his supratnama. The

reply of the prosecution shows that even the State has no objection if it is

so released on furnishing appropriate security.

5. In view of above, I find that this criminal writ petition

deserves to be allowed by quashing and setting aside the impugned

order.

6. The criminal writ petition is allowed.

7. The impugned orders are quashed and set aside.

8. It is directed that seized cash of Rs.2,94,000/- be released to

the custody of the petitioner till final disposal of the criminal case,

subject to the outcome of the criminal case on the petitioner furnishing

supratnama/security to the satisfaction of the trial Court.

9. The rule is made absolute in the above terms.

10. Criminal Writ Petition is disposed of.

JUDGE

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