1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL REVISION APPLICATION NO. 128 OF 2011 (Gamesh Tantuji Chavhan .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri A.S. Band, Advocate for the applicant. Shri S.S. Doifode, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 07TH OCTOBER, 2011. Heard. By the present revision application, the applicant is challenging the order dated 02.09.2011 passed by the learned District Judge-3 and Additional Sessions Judge, Nagpur thereby dismissing the application filed by the present applicant for seeking custody of bullock cart which was seized by the police in the crime case for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. The brief facts of the present case are as under:- That a complaint came to be lodged on 21.03.2011 by one Sandip Rambhauji Sarve stating therein that one Rambhau Sarve while going towards his farm, the accused persons namely one Nilkanth Kumbhare and Rama Bhalavi on the say of one Santosh Juyatgude, had committed murder of Rambhau Sarve. On the said complaint, Crime No. 34/2011 was registered for the offence punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code. In the course of investigation, the police authorities arrested the applicant and his wife Maya Chavhan as some blood stains were found on the bullock cart. The bullock cart was seized by the police under seizure panchnama dated 22.03.2011. On concluding the investigation, the final report i.e. charge sheet came to be filed in the matter and now the case is pending for disposal before the learned District Judge-3 and Additional Sessions Judge, Nagpur vide Sessions Trial No. 304 of 2011. 2 The applicant submitted the application under Section 451 of the Code of Criminal Procedure for custody of bullock cart. It was submitted in the application that as the bullock cart was lying in the Kondhali Police Station and may damage because of the weather condition such as rains etc., and the applicant being a small agriculturist, the bullock cart which was used for his daily useful purpose for the agricultural activities, the same may be released on putting the applicant on condition. The applicant gave an undertaking to abide by the terms and conditions whatever imposed by the learned Court. The application was opposed by the State on the ground that as the blood stains were found on the bullock cart and it was alleged that the bullock cart was used for carrying the dead body, the bullock cart is an important peace of evidence against the applicant. The learned Sessions Judge considering the submissions of the learned APP, dismissed the application. Shri A.S. Band, the learned Counsel appearing on behalf of the applicant submits that the investigation is now concluded and no purpose would be served by keeping the bullock cart in the custody of investigation agency. He further submits that the bullock cart is useful for carrying out the daily agricultural operations and the applicant being a small agriculturist has to earn his livelihood on farming for which the bullock cart is necessary. The learned Counsel further submits that the applicant is ready and willing to abide by any terms and conditions that may be imposed by this Court on release of the bullock cart and also ready to cooperate with the investigating agency. He further invites my attention to the Chemical Analyser’s Report and submits that the report discloses that no blood is detected from the scrapping of the bullock cart and as such there is no harm to release the custody of the bullock cart in favour of the applicant. Shri S.S. Doifode, the learned APP appearing on behalf of the respondent/State strongly opposes the prayer of the applicant. 3 I have gone through the copy of the charge sheet which is placed before this Court by the learned Counsel for the applicant. There is a considerable merit in the submission of the learned Counsel for the applicant that in view of the CA Report and in view of the fact that the bullock cart being necessary for the applicant for his daily agricultural operations, can be released on putting the applicant on certain terms and conditions. In the result, the application is allowed. The order dated 02.09.2011 passed by the learned District Judge-3 and Additional Sessions Judge, Nagpur is quashed and set aside. The custody of the bullock cart be released in favour of the applicant on the condition that the applicant shall make available the bullock cart as and when directed by the investigating agency or by the Court without changing the nature of the bullock cart in any manner. Criminal Application stands disposed of as such. JUDGE *rrg.