1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2242 OF 2009 Lalit Timothy D’souza ..Applicant versus The State of Maharashtra ..Respondents Mr. Junaid Shabwany for Applicant. Mrs. R. V. Newton - APP for the Respondents - State. Mr. A. M. Sachwanz for Victim. CORAM : B. R. GAVAI, J. DATED : APRIL 08, 2010. P.C. : 1. By way of present application, the applicant challenges the order passed by the Assistant Sessions Judge, Bombay dated 21st January 2009 vide which the application filed by the present applicant for permission to sell the car, which was seized as an incriminating article came to be rejected. The applicant is facing trial for having attempted to commit murder of his sister. In the investigation in the crime the car in question came to be seized with the live cartridges found in it. 2. The application filed by the present applicant for release of the said 2 vehicle on Suputnama was allowed subject to certain conditions. Thereafter an application has been filed for permission to sell the said car. The said application is rejected, hence the present application. 3. The learned counsel for the applicant submits that the applicant is not in a position to repay instalments of the loan taken for purchase of the said vehicle and therefore in the interest of justice permission ought to have been given. 4. The learned Judge while rejecting the application has found that the said car would be required to be produced before the court at the stage of trial. If the car is permitted to be sold there may arise difficulty in bringing the said vehicle for the purpose of trial. In any case, it is informed that the trial has already commenced. The charges are framed and the learned Sessions Judge had himself expedited the disposal of the trial. 5. In that view of the matter no merit is found in the application. Rejected. (B. R. GAVAI, J.)