1 Appln No.754/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.754 of 2010 IN CRIMINAL APPEAL NO.913 OF 2006 Yeshwant Karbhari Kute ... Applicant versus The State of Maharashtra and ors ... Respondents ... Mr.Sagar Kasar for the applicant. Mr.S.V.Marwadi for respondent nos.2 and 3. Ms.A.T. Jhaveri, APP for the State. CORAM : V.M.KANADE AND A.M.THIPSAY, JJ DATED : 17th August 2011 P.C. 1. Heard learned counsel for the applicant, learned APP for the State and learned counsel appearing on behalf of the original respondents in the appeal. 2. By this application, applicant is challenging the order passed by the District and Sessions Judge, Nashik dated 9th July 2008. By the said order, the learned Sessions Judge was pleased to reject the application filed by the applicant herein for the return of the muddemal property. 3. We have perused the impugned order and also the order passed by the 2nd Adhoc Addl.Sessions Judge, Nashik dated 29th June 2005. The learned Sessions Judge while disposing of the 2 Appln No.754/10 criminal case was pleased to direct that the muddemal property may be returned to the informant/applicant herein after the expiry of the appeal period. Thereafter, an application was made by the applicant in the Sessions Court on 30 June 2008 for the return of the said property. In the mean while, the State filed an appeal against acquittal in which leave has been granted by this court. Learned counsel appearing on behalf of respondent nos.2 and 3 submitted against “No Objection” in the said muddemal property. Learned APP appearing on behalf of the State also submits that she has no objection if the said property is returned. She submits that however the applicant may be asked to execute a bond for an amount of Rs. 5,000/-. 4. Since admittedly, the muddemal property belonged to the son of the applicant and an order to that effect had been passed by the Sessions Court, Nashik for the return of the property and the application was filed after the appeal period was over and no stay has been granted by this court to the impugned order while granting leave to file appeal, this application will have to be allowed. Learned counsel for respondent nos.2 and 3 also have given their “No objection” for allowing the application. The applicant however shall execute a Bond for an amount of Rs.5,000/- 5. Application is accordingly disposed of. (V.M.KANADE, J) (A.M.THIPSAY, J)