Nitin Pandurang Kharat vs The State Of Maharashtra And Anr
2022 Latest Caselaw 576 Bom

                                    1 of 2                          11 WP.3720.2021.doc




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

                  CRIMINAL WRIT PETITION NO. 3720 OF 2021


 Nitin Pandurang Kharat                                   ...Petitioner

               Versus

 State of Maharashtra & Ors.                              ....Respondents

                                    ......
 Mr. Nagraj S. Shinde for the Petitioner.
 Mr. A. D. Kamkhedkar, APP for the State.
                                    ......

                                CORAM :      N. R. BORKAR, J.

                                DATE     :   17th JANUARY, 2022.

 P.C. :


 .             This petition takes an exception to the judgment and order

 dated 20th September, 2021 passed by the learned Additional

 Sessions Judge, Pandharpur in Criminal Appeal No. 8 of 2021.


 2.            I have heard the learned Counsel for the Petitioner and the

 learned APP for the Respondent-State.


 3.            Hydraulic Excavation Machine owned by the Petitioner came to

 be seized in Crime No. 1049 of 2020 registered by Sangola Police

 Station.


 4.            The learned APP for the Respondent-State, on instructions,

 from the Investigating Ofcer Mr. Prashant Bhasme submits that the


 R. V. Patil



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                                           2 of 2                        11 WP.3720.2021.doc




 prosecution has no objection to release the machine/vehicle in

 question in favour of the Petitioner. In view of this, the following order

 is passed:

                                           ORDER

 i)            The petition is allowed.


 ii)           The machine/vehicle in question shall be returned to the

Petitioner on execution of bond in the sum of Rs.20,00,000/- (Rs.

Twenty Lakhs only) before the trial Court.

iii) The Petitioner shall not transfer/alienate the machine/vehicle in

question during the pendency of trial.

iv) The petition is disposed of accordingly.

(N. R. BORKAR, J.)

R. V. Patil