IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2320 OF 2007 Ms.Nupur Podar ..... ...... ......Petitioner V/s State of Maharashtra & Ors. ..... ...... ...Respondents. Mr.U.S.Jain, Adv. For the petitioner. Mr.Nilesh Sharma and Hemant Prabhawalkar i/by M/s.Juris Consultus, Adv. For the respondent Nos.2 & 3. CORAM: A.P.DESHPANDE, J. 31/1/08 PC: Rule. Rule made returnable forthwith. Taken up for final hearing by consent of both the parties. The complainant purchased a Skoda car for a consideration of about Rs.18 lacs. While purchasing the car the complainant had obtained loan in the sum of Rs. 9 lacs from Citybank Some of the installments were timely paid. It is the case of the Respondent No.3-Citibank that when the complainant defaulted in paying remaining installments Citibank through respondent No.2 took possession of the vehicle. Whereas according to the petitioner the car was stolen, hence a complaint for theft was filed. During the pendency of the complaint the present petitioner/owner of the vehicle moved an application claiming possession of the vehicle. The bank as well filed an application claiming possession of the vehicle. It is obvious that if the vehicle which is presently in 1 custody of police is permitted to lie at the police station its value is bound to depreciate. No useful purpose would be served by keeping the vehicle at the police station. The trial Court rejected the applications moved by the present petitioner so also the bank. As a consequence vehicle is lying at the police station. Having regard to the fact that the petitioner is the owner of the vehicle I deem it appropriate to allow the application filed by the petitioner claiming custody of the vehicle, however subject to securing today' s price of the vehicle. According to the bank it has to recover a sum of Rs.6,84,288/75 as on 31.12.07. The value of the vehicle as of today is about Rs.7 lacs. Hence I direct that the vehicle be handed over to the petitioner subject to the petitioner furnishing bank guarantee in the sum of Rs.7 lacs to the satisfaction of the trial Court within a period of four weeks from today. It is made clear that the vehicle shall be handed over to the petitioner only after furnishing bank guarantee. The bank guarantee shall be kept alive till the decision of the case pending on the file of the trial Court. It is further made clear that this order is passed without prejudice to the rights of the respective parties. Rule made absolute in above terms. 31.1.08 2