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apl435.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 435/2022

Mayur s/o Baldeo Shahare,

Aged 19 years, Occupation – Labourer,

R/o Tukum Narayan, (Kelwad),

Taluka – Arjuni Morgaon, District – Gondia.

….

APPLICANT

VERSUS

The State of Maharashtra,

through Police Station Officer,

Wani, Taluka – Wani, District - Yavatmal.

…. NON-APPLICANT

______________________________________________________________

Mr. S.G. Karmarkar and Mr. N.B. Mohature, Counsel for the applicant,

Mr. H.D. Dubey, Addl.P.P. for the non-applicant/State.

______________________________________________________________

CORAM : VINAY JOSHI

, J.

DATED : 13

^th JUNE,

20

22

ORAL JUDGMENT :

Heard.

2.

Admit.

3.

Heard finally by consent of both sides.

4.

The applicant, who is accused in Special Case No.46/2021 for the

offences punishable under Sections 363, 366-A, 376(2)(j)(n) of the

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apl435.22

Indian Penal Code and Sections 4 and 6 of the Protection of Children

from Sexual Offences Act (POCSO Act), challenges the order of

rejection of return of seized muddemal property namely motorcycle

bearing registration No. MH-49/K-1242. It appears that since the

applicant-accused to facilitate the act of kidnapping has used his

motorcycle, it came to be seized. The trial Court rejected the

application solely on the ground that the applicant does not possess

valid driving licence. Neither the ownership of vehicle is disputed nor it

is in dispute that vehicle is seized from the possession of the applicant.

Inasmuch as the applicant has produced documents of ownership of

vehicle. The reason assigned by the trial Court is totally unsustainable.

Certainly, the trial will take its own time for disposal of the case and

during meantime, if vehicle is kept lying at police station, it will ruin.

5.

Having regard to the said facts, impugned order dated 15-1-2022

passed by the learned Additional Sessions Judge, Kelapur is hereby

quashed. The seized vehicle namely motorcycle bearing registration

No.MH-49/K-1242 be returned to the applicant on executing bond to

the tune of Rs.1,00,000/- (Rupees One Lac). The applicant shall

provide photographs of motorcycle from both sides to the Investigating

Officer. The applicant shall not alter the outer appearance of

motorcycle nor transfer the same to anyone, till conclusion of the trial.

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apl435.22

The applicant shall not ride motorcycle unless he obtains valid driving

licence.

6.

The application stands disposed of in above terms.

JUDGE

adgokar

Digitally signed byPRAFULLA

MANOHARRAO ADGOKAR

Signing Date:14.06.2022 16:58