vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.724 OF 2008 WRIT PETITION NO.724 OF 2008 WRIT PETITION NO.724 OF 2008 Prabhat Ramavtar Jalan ... Petitioner V/s. The State of Maharashtra & Anr. ... Respondents Mr.A.M. Saraogi for Petitioner Mr.D.P. Adsule, APP, for Respondent-State Mr.Niranjan Mundargi for Respondent No.2 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: APRIL 17, 2008 APRIL 17, 2008 APRIL 17, 2008 P.C.: P.C.: P.C.: . The petitioner has filed the present petition against the order passed by the learned Metropolitan Magistrate, 26th Court, I/c 24th Court, Borivali, Mumbai on 27.3.2008. The application made under section 451 of the Code of Criminal Procedure by Respondent No.2 for return of property has been granted. Respondent No.2 has been directed to execute an indemnity bond of Rs.14 lacs with the condition that he would indemnify any person whom the Court directs. Respondent No.2 is the complainant who was given the material for stitching garments. Respondent No.2 claims that his labour charges have not been paid and, therefore, has filed the complaint u/s 420 r/w 406 of the Indian Penal Code. The learned Metropolitan Magistrate has while considering the facts and circumstances of the case, found that the : 2 : goods i.e. the material was changed and transformed into readymade garments by the complainant and it is his case that he has not been paid his charges. The learned Metropolitan Magistrate having considered all the facts and circumstances of the case, has directed that the goods be delivered on condition that an indemnity bond of Rs.14 lacs is executed by the complainant. In my view, there is no need to interfere with the order as the accused in any case cannot claim a lien over these goods. 2. Petition rejected. 3. At the request of Mr.Saraogi, learned advocate for the Petitioner, the stay granted earlier to continue for a period of seven days from today.