1 AS-749.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPEAL STAMP NO.749 OF 2010 Smt. Bharati Bhirumal Jain .... Appellant Vs. The State of Maharashtra & Ors. .... Respondents Shri K.C. Mehta for the Appellant. Ms A.A. Mane, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: JANUARY 21, 2011 P.C: By consent, taken up for final disposal at the admission stage. 2. Respondent Nos.2 to 6 were prosecuted by respondent No.1 on a complaint by the present appellant. She has stated that on 5-6-1997 some unknown persons entered their house, gagged them and took away gold ornaments from her house. On this, an offence was registered and after investigation, respondent Nos.2 to 6 were prosecuted. By judgment dated 23-3-2005, respondent Nos.1 and 3 to 6 have been acquitted by the learned Judge. Respondent 2 AS-749.10 No.2 was absconding. The case of respondent No. 2 was kept on dormant file by the learned Judge. Thereafter, the appellant applied for return of the ornaments. Respondent Nos.1 and 4 to 6, that is the accused who had been tried and had been acquitted, have stated that they have no objection to grant of interim custody of the ornaments to the appellant. The learned APP, however, opposed the application on the ground that till the conclusion of the trial of the absconding accused, the ornaments may not be returned. This is not proper. Therefore the learned Judge rejected the application of the present appellant. 3. I have heard the learned counsel for the appellant and the learned APP. It is indeed strange that the appellant is being denied the return of her ornaments which were stolen from her own house and the respondents were prosecuted on her report. Though the accused who have been acquitted have expressed that they have no objection to the return of the ornaments, merely because one of the accused is absconding, the appellant cannot be denied the benefit of return of her own ornaments since it is not known when the accused would be arrested by the police and when he would be put to 3 AS-749.10 trial. All that the appellant is asking is for return of the ornaments on a bond to be produced before the Court as and when the absconder is arrested and tried. The order is thoroughly unsustainable. It is, therefore, set aside at the admission stage itself. The ornaments are directed to be returned to the appellant on her furnishing appropriate bond to the satisfaction of the Sessions Court. The appeal accordingly stands disposed of. (R.C. CHAVAN, J.)