Ravibhushan Vidyabhushan Singh vs The State Of Maharashtra
2021 Latest Caselaw 2229 Bom

                                       1                         949-CrAn-326-20.odt



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD


                      CRIMINAL APPLICATION NO. 326 OF 2020

                     RAVIBHUSHAN VIDYABHUSHAN SINGH
                                    VERSUS
                         THE STATE OF MAHARASHTRA
                                        ...
                Advocate for Applicant : Mr. Mahesh S. Deshmukh
                APP for Respondent - State : Mr. G. O. Wattamwar
                                        ...

                               CORAM       :   T. V. NALAWADE AND
                                               M. G. SEWLIKAR, JJ.

                               DATE        :   3rd FEBRUARY, 2021

PER COURT :-


        Heard learned counsel for the applicant.

2. The applicant was accused in Sessions No. 67 of 2015. He came to

be acquitted. In the operative order of the judgment it was directed by

the trial Court to return the property like three bank passbooks, seven

ATM -cum- Debit cards etc, to the accused, after appeal period is over.

Learned counsel for applicant on instructions submitted that no appeal is

preferred. He submits that his account is freezed by the Police during the

investigation, but there is no specific order made by the trial Court in

respect of freezing of said account. Due to that, he is not in a position to

operate that account. As account was freezed during investigation, that

became muddemal property and so it was duty of the trial Court to see

that some order is made with regard to disposal of each and every

property, which was seized during the investigation. Section 452 of the

Code of Criminal Procedure provides that on conclusion of the trial such

order needs to be passed by the trial Court. If due to oversight such order

2 949-CrAn-326-20.odt

is not made, such order needs to be made by the trial Court in view of

Chapter XXXIV of the Code of Criminal Procedure. The applicant needs to

approach the trial Court in this regard.

3. In view of these circumstances, this Court holds that nothing more

can be done. If the application in that regard is made by the applicant

within (15) days from that day, the trial Court is expected to make an

order on such application.

4. With aforesaid observation, present proceeding stands disposed of.

     [ M. G. SEWLIKAR ]                              [ T. V. NALAWADE ]
            JUDGE                                          JUDGE


MTK