1 crwp1080-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1080 OF 2010 Shirish Chandrakant Khot ..Petitioner. Versus The State of Maharashtra ..Respondent. Ms.Anjali Waghmare, Advocate appointed for the petitioner. Mr.J.P. Yagnik, APP for the State. CORAM : A.M. Khanwilkar, & U.D. Salvi, JJ. DATE : 2nd September 2010. P.C. : 1. Heard learned Advocate appointed and the learned APP appearing in the case. 2. This petition is filed through jail. By this petition, it is prayed that the property of the petitioner be ordered to be released. From the material on record, it is noticed that the trial against the petitioner for the alleged offense is still pending. If so, the petitioner should be well advised to move the trial Court for release of his property, which is subject matter of the said trial. If such an application is filed, that can be proceeded with on its own merits in accordance with law by the trial Court. 2 crwp1080-10 3. The Apex Court in the order dated 18th November 2005 in SLP (Cri) No.406/409 of 2004, with reference to the provisions of Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 has clarified that interim attachment granted by the Competent Authority shall subsist until further orders. However, in cases where applicants for release of attachment have been filed the same should be disposed of in accordance with law by separate orders. Keeping the said observations in mind, if the petitioner wants to file application for release of property before the trial Court, same be considered in accordance with law. 4. With these observations, the petition is disposed of with liberty. 5. The Court expresses word of gratitude for the able assistance given by Ms.Anjali Waghmare, Advocate appointed to espouse the cause of the petitioner. 6. Copy of this order be forwarded to the petitioner, who is in jail, forthwith. (U.D. Salvi, J.) (A.M. Khanwilkar, J.)