Ravindra Ramrao Patil Through ... vs The State Of Maharashtra And Anr
2023 Latest Caselaw 6982 Bom

2023:BHC-AS:19378

                 D.A.Ethape                                                 30-IA-1396-2022.doc



                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
                                   INTERIM APPLICATION NO. 1396 OF 2022
                                                    IN
                                     CRIMINAL APPEAL NO. 379 OF 2006

            Ravindra Ramrao Patil Through Authorized
            Officer Of Rajaram Co-operative Bank Ltd.               ... Applicant
                      Versus
            The State Of Maharashtra And Anr.                       ...Respondents


                                                     ....
            Mr. Kuldeep Patil Advocate for Applicant.
            Ms. P. N. Dabholkar, APP for the Respondent - State.

                                                     ....

                                                    CORAM : PRAKASH D. NAIK, J.

DATE : 13th JULY, 2023.

P.C.:-

1. The applicant is the Co-operative Bank. FIR was registered at the

instance of applicant with Kokrud Police Station alleging the offence of

dacoity. Gold ornaments from the bank was stolen by the accused. During

the trial, some of the accused were convicted and sentenced to suffer

imprisonment and fine. One of the accused has preferred appeal

challenging the judgment of conviction viz. Criminal Appeal No. 379 of

2006 which is pending in this Court.

D.A.Ethape 30-IA-1396-2022.doc

2. The applicant/bank preferred an application for return of property

seized during investigation before this Court by preferring Criminal

Application No. 101 of 2010 by order dated 15 th June 2012. This Court

allowed the application and the property in question was directed to be

returned to the applicant/bank on furnishing bond to the satisfaction of the

trial Court to produce the property as and when required by this Court.

3. Pursuant to aforesaid order, the subject property was returned to the

applicant/bank and in accordance with order dated 15 th June 2012 bond

has been executed by the applicant in the tune of Rs.50 lakhs in the light of

the value of the property at the relevant time.

4. This application has been preferred seeking modification of order

dated 15th June 2012 passed by this Court granting permission to the

applicant/bank to sell the ornaments in the custody of the applicant/bank

in accordance with aforesaid order.

5. Vide order dated 28th March 2023 passed by this Court, it was

directed that the applicant/bank shall obtain valuation report of the

ornaments/articles listed along with application within stipulated period

and place it before this Court. On 11 th April 2023, the applicant/bank had

produced the valuation report of the ornaments enlisted at exhibit-B which

was returned to the bank on furnishing the bond to the satisfaction of the

trial Court to be produced as and when required by the Court. It was

pointed out at the instance of the applicant that for fresh valuation report of

D.A.Ethape 30-IA-1396-2022.doc

the item enlisted at exhibit-B is obtained from M/s.Sakshi Jewellers,

Brahmanpuri, Islampur, who has estimated the valuation of the ornaments

and bifurcated into raw gold and allow and estimated valuation as

Rs.1,35,69,715/-. The valuation report accompanied by the Certificate

issued in favour of M/s.Sakshi Jewellers under the Shop and Establishment

Act in form G was enclosed. The valuation report and certificate was taken

on record and marked 'X' for identification. This Court however, vide order

dated 11th April 2023 directed that, police station in-charge at Islampur to

verify the certificate annexed along with valuation report and to record the

statement of its proprietor, who has issued the said statement.

6. Learned APP has tendered the report dated 27 th June 2023 along with

statement of one Nandkumar Kashinath Jadhav. The said statement indicate

that, valuation report submitted by the applicant/bank is in consonance

with the market value of the gold. Report is taken on record and marked

"X-1" for identification.

7. Mr. Patil, learned Advocate for the applicant submitted that, in view

of current report with regard to the valuation of the ornaments, the

applicant is willing to furnish the bond in respect to the additional

valuation as the applicant had already furnished the bond in the tune of

Rs.50 lakhs.

8. Considering aforesaid circumstances, the applicant/bank can be

permitted to sell the subject ornaments on condition that the applicant shall

D.A.Ethape 30-IA-1396-2022.doc

furnish additional bond in the sum of Rs.90 lakhs in accordance with order

dated 15th June 2012.

9. Interim Application stands disposed off.

(PRAKASH D. NAIK, J.)