Sunil Ramesh Chainani vs The State Of Maharashtra
2022 Latest Caselaw 10842 Bom

Osk                                                        20-Ia-2535-2022.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CRIMINAL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 2535 OF 2022
                                   IN
                    CRIMINAL APPEAL NO. 183 OF 2018

Sunil Ramesh Chainani                             ... Applicant

In the matter between :-
Parvez Wahid Khan                                 ... Appellant
       V/s.
The State of Maharashtra                          ... Respondent


Mr. R. V. Gupta, for Applicant.
Mr. S. S. Hulke, A.P.P. for Respondent-State.
PSI Mr. Dilip Sawant, Bandra Police Station.


                                      CORAM : A.S. GADKARI AND
                                              MILIND N. JADHAV, JJ.

                                      DATE      : 17th October 2022.

P.C. :

1. This is an application for intervention in Criminal Appeal No. 183

of 2018 and for return of Muddemal Property seized during investigation,

during the pendency of present Appeal.

2. Record indicates that, Appellant is husband of deceased Aarti @

Nalini Sunil Chainani. That by an Order dated 28 th June 2013, the learned

Metropolitan Magistrate, 12th Court, Bandra, Mumbai was pleased to

handover interim custody of the articles in favour of Applicant during the

Osk 20-Ia-2535-2022.odt

pendency of the trial. That by the impugned Judgment and Order dated 22 nd

January 2018 the Original Accused Nos.1 & 2 have been convicted by the

learned Additional Sessions Judge, Greater Mumbai and are sentenced to

suffer for life imprisonment. The details of description of the property which

the Applicant intends to have as interim custody during pendency of the

Appeal has been given in para No.3(i) (page 6 of Application).

3. Learned A.P.P., on instructions, submitted that, the prosecuting

Agency has no objection if the articles mentioned in para No.7 of Operative

Part of impugned Judgment and Order, which has been reproduced by the

Appellant in para No.3(i) of Application is given to the Applicant during the

pendency of Appeal.

4. In view thereof, the articles mentioned in Operative Part of para

No.7 of impugned Judgment and Order dated 22 nd January 2018, which is

para materia with para No.3(i) of present Application be given in the custody

of Applicant during the pendency of present Appeal, subject to Applicant

executing the indemnity bond of Rs.50,000/- before this Court.

5. Application is allowed in the aforesaid terms.

                                       [MILIND N. JADHAV, J.]                            [A.S. GADKARI, J.]


              Digitally signed
              by OMKAR
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN Date: 2022.10.18
              17:37:41 +0530                                                                                        2/2