Bombay High Court
Akash Balaji Barse vs The State Of Maharashtra on 1 December, 2021
Bench: V.K. Jadhav, Sandipkumar Chandrabhan More
cran1502.21
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
964 CRIMINAL APPLICATION NO.1502 OF 2021
IN APEAL/515/2021 WITH APEAL/439/2019 WITH APPLN/1501/2021 IN
APEAL/515/2021 WITH APEAL/515/2021
AKASH BALAJI BARSE
VERSUS
THE STATE OF MAHARASHTRA
.....
Advocate for Applicant : Mr. Jaiswal Rupesh A.
APP for Respondent-State: Mr. R.D. Sanap
.....
CORAM : V. K. JADHAV AND
SANDIPKUMAR. C. MORE, JJ.
DATED : 1st DECEMBER, 2021
PER COURT:-
1. Heard both sides.
2. The applicant is original accused No.3 in Sessions Case No.
48 of 2017. The learned 6th Additional Sessions Judge, Nanded by
judgment and order of conviction dated 15.3.2019 convicted the
accused, three in numbers, for the offences punishable under
Section 302 r.w. 34 of I.P.C. and sentenced them to suffer life
imprisonment each and to pay a fine of Rs.5,000/- each, in default of
payment of fine amount, to suffer one month rigorous imprisonment
and also convicted them for the offences punishable under section
323 r.w. 34 of I.P.C. and sentenced them to suffer R.I. for one year
and to pay fine of Rs.1000/- i/d to suffer R.I. to one month.
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3. Being aggrieved by the same, the original accused No.2 Sunil
and present applicant-original accused No.3 have preferred criminal
appeals before this court. The applicant-original accused No. 3 has
preferred criminal appeal No. 515 of 2021.
4. The learned 6th Additional Sessions Judge, Nanded, in clause
5 of the operative part of the judgment and order of conviction, has
directed that the Muddemal property i.e. one motor cycle of Pulsur
Bajaj Company shall be given to its registered owner and if
registered owner fails to take possession, then the same shall be
disposed of by auction and sale proceeds be credited to be
Government.
5. Learned counsel for the applicant submits that the applicant
original accused No.3 Akash Balaji Barse clams to be the registered
owner of the said motor cycle bearing registration No. MH-26-Z-3027.
Learned counsel has pointed out registration particulars mentioned in
the copy of R.C. book wherein, name of the applicant Akash Balaji
Barse is shown as owner.
6. Learned A.P.P., on instructions, submits that the said motor
cycle seized in connection with the crime, which is subject matter of
Sessions Case No. 48 of 2017, is lying in the concerned police
station.
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7. In view of the order passed by the 6 th Additional Sessions
Judge, Nanded and particularly clause 5 of operative part of the
order and since the motor cycle is directed to be given to its
registered owner, the applicant, being the registered owner, is
entitled for the custody of the said motor cycle. The applicant shall
show original documents to the investigating officer pertaining to his
ownership.
8. With the aforesaid conditions, the criminal application is
allowed in terms of prayer clause "B" and disposed of.
(SANDIPKUMAR. C. MORE, J.) (V. K. JADHAV, J.)
rlj/
