1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.911 OF 2008 Deepak Shrikant Narvekar ..... Applicant. V/s The State of Maharashtra & Ors. .... Respondents. ---- Mr. Arfan Sait for the applicant. Mr. P.A. Pol, APP for the State. Respondent Nos. 3 and 4 present in Court. ----- CORAM: V.M. KANADE, J. DATE : 14th November, 2008 P.C.: 1. Heard the learned Counsel for the applicant, the learned APP for the State and respondent Nos. 3 and 4 who are present in Court. 2. This is an appeal filed by the son of the deceased for return of the property and for modification of the order dated 29/04/2004 passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No.589 of 1991. 3. Prosecution case is that the respondent Nos. 3 and 4 2 had harassed the mother of the applicant and, as a result of which, she committed suicide. Trial Court acquitted respondent Nos. 3 and 4 of the offence punishable under section 498-A. Trial Court, however, directed that the four articles mentioned in panchanama at Exhibit-26 should be sold and the sale proceeds should be kept deposited in Cumulative RBI (taxable) Bonds for a period of five years. It is submitted that the said ornaments should be returned to the applicant or, in the alternative, if the articles are already sold, in that event, the amount which is deposited in Cumulative RBI (taxable) Bonds be returned to him. Respondent Nos. 3 and 4 have no objection if the appeal is allowed. Admittedly, applicant is now residing separately. 4. Taking into consideration these facts, in my view, it would be appropriate if the order passed by the Sessions Court is modified. The said order is accordingly modified and it is directed that the four articles mentioned in Panchanama at Exhibit-26 which are kept in the safe custody of the Court as Articles-1, 2, 3 and 4 should be returned to the applicant. In the event, however, if the articles have already been sold pursuant to the order passed by the Sessions Court dated 29/04/2004, the sale proceeds may be returned to the applicant. If the amount is invested in Cumulative RBI (taxable) Bonds, the said Bonds may be transferred in the name of the applicant. Respondent No.2 is directed to comply with the aforesaid directions within a period of eight weeks from today. 5. Appeal is allowed in the aforesaid terms. 3 (V.M. KANADE, J.)