C.V. Bhadang, J.

Rule made returnable forthwith. Mr. Faldessai, the learned Additional Public Prosecutor, for the respondents, waives service. Heard finally by consent of parties.

2. The challenge in this petition is to the orders, refusing to release a vehicle, namely, Honda Brio bearing registration no. GA-06/E-2668, in favour of the petitioner.

3. The brief facts are that the petitioner while driving the said car had met with an accident, resulting into minor injury to a child, who was aged four years. The petitioner is presently facing prosecution in respect of the said incidence for the offence punishable under Sections 279 and 337 of IPC, read with Section 196 of the Motor Vehicles Act, in as much as the vehicle, at the time of accident, was uninsured.

4. The petitioner sought release of the vehicle. The learned Magistrate after placing reliance on the decision of the Hon'ble Supreme Court in the case of Jai Prakash Vs. National Insurance Company & Others, (2010) 2 SCC 607, refused to release the vehicle, which order has been confirmed by the learned Sessions Judge in appeal. Hence, this petition.

5. The learned Counsel for the petitioner submitted that the entire medica