1 Appln.3543.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3543 OF 2010 M. Kaushik Zaveri .... Applicant Vs. The State of Maharashtra .... Respondents & Ors. Mr. M.K. Kocharekar, Advocate for applicant. Mrs. V.R. Bhosale, APP for State. Coram : Smt. R.P.SondurBaldota, J. Date : 25th February, 2011 P.C. 1. The applicant who is the original complainant files this application to return muddemal property being the ornaments at articles no.1 to 40 produced in Sessions Case No.321 of 2001 in connection with C.R.No. 413/2000 registered with Juhu Police Station. During the pendency of Sessions Case No.321 of 2001, articles of ornaments had been returned to the applicant on condition that he produces the same at the time of recording of evidence in the trial. Accordingly, he had produced the articles before the court in the trial of Sessions Case No.321 of 2001. The sessions case came to be concluded by the judgment and order dated 23rd August 2007 acquitting accused Nos. 3 and 4. However the Sessions Court directed retention of the ornaments because the case against 2 Appln.3543.2010 accused no.3 is still pending. The case is separated against accused no.2, who is absconding and after separation, Sessions case No.850 of 2001 relating to him is kept on dormant file. 2. The learned APP on taking instructions from Mr. Khilare, PSI Khilare, Investigating Officer, Juhu Police Station (now retired) makes a statement that the prosecution has no objection if the articles are handed over to the applicant with the same condition that he would produce the same before the court at the time of trial in Sessions Case No.850 of 2001. Mr. Kocharekar, learned counsel for the applicant has produced list of articles giving description of muddemal articles. The list is taken on file and marked “X” for identification. Since the applicant had been holding the muddemal property during the trial of Sessions Case No.329 of 2001, the muddemal articles are the ornaments that were stolen from the shop of the applicant, the application is allowed with a direction that the applicant shall file an undertaking that he will produce the articles in Sessions Case No.850 of 2001 as and when the same is taken up for trial. ( Smt. R.P. SondurBaldota, J.)