AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.609 OF 2008 IN CRIMINAL APPEAL NO.537 OF 2007 Vinod V. Malhotra & Anr. .... Applicants And State of Maharashtra. .... Appellant Vs. Raju @ Bapu @ Salim Wasant Walhekar. .... Respondent Mr. Chetan Agarwal for the applicants. Ms. M.M. Deshmukh, A.P.P. for the State. Mr. Suresh Kumar for Union of India. CORAM : SMT. RANJANA DESAI & DR. D.Y. CHANDRACHUD, JJ. DATED : 28TH JULY, 2008. P.C.:- 1. Applicant 1 – Mr. Vinod V. Malhotra is working in the Western Railway in the capacity of Station Superintendent, Mumbai Central, AJN 2 Bombay. He is the original complainant in Sessions Case No.592 of 2004 and Sessions Case No.72 of 2005. It appears that in the year 2004 when the applicant was serving as Station Superintendent at Vile Parle Railway Station, the accused committed dacoity within the precincts of the Vile Parle Railway Station and decamped with huge amount of Rs.3,49,800/-. The accused were tried and, by order dated 21/2/2006, the accused were acquitted. The operative part of the impugned order reads as follows : “1. The Accused No.1 Santosh Ramasingh and Accused No.2 Sechu Chandrika Pandey in Sessions Case No.592 of 2004 and the sole accused Raju @ Bapu @ Salim Wasant Walhekar stand hereby acquitted of the offences with which they are charged and for which they are tried. 2. The accused No.1 Santosh Ramasingh and the sole accused Raju Bapu @ Salim Wasant Walhekar in the companion matter are in jail. They be set it liberty forthwith unless their detention is otherwise warranted by law. 3. The accused No.2 Sechu Chandrika Pandey in the first matter is on bail. His bail bonds are cancelled and surety is discharged. Cash bail if any deposited by him be returned to him. 4. The Currency notes Article A and the Stapler AJN 3 machine Article 1 be returned either to PW1 Malhotra or any other responsible officer of the Western Railway as mentioned in the concluding paragraph hereof. 5. The cello tape Article 2 and Cardboard Article 3 be destroyed. 6. The Shirt Article 4 and Pant Article 5 be returned to the Accused No.1. 7. The photo album though not articled be returned to the accused No.2. 8. The order with regard to the disposal of the property to take effect after the period of appeal is over.” 2. The State of Maharashtra has challenged the acquittal of the respondent in the instant appeal which has been admitted. Criminal Appeal No.757 of 2007 challenging the acquittal of the other accused is also admitted by this court. 3. In this application, the applicant prays that a direction be given to the Sessions Court, Bombay to release the currency notes worth Rs.2,79,790/- to the applicant or any other authorized officer of the Western Railway in compliance of order passed by learned Sessions Judge at Bombay. AJN 4 4. On the last occasion, we had requested Mr. Suresh Kumar, learned counsel for the Western Railway, to assist us. We had also directed the applicant to remain present. Accordingly, Mr. Malhotra is present in the court. Mr. Suresh Kumar has tendered a xerox copy of the identity card of Mr. Malhotra and a copy of the authority letter dated 25/7/2008 issued by Divisional Commercial Manager (Freight & Marketing), Mumbai Central, Mumbai, authorizing Mr. Malhotra to collect on behalf of the Railway Administration the cash amount and other important documents lying in the custody of Sessions Court, Mumbai, in Sessions Case No.592 of 2004 and Sessions Case No.72 of 2005. Xerox copies of the said authority letter and identity card are taken on record and marked “X” and “Y” respectively. 5. We have also heard Ms. Deshmukh, learned A.P.P. We note the presence of Senior P.I. N.B. Kadam, Railway Control Room Wadibardar, in our court today. Perusal of the impugned order shows that the accused did not claim the seized currency. 6. In view of the above, we pass the following order : AJN 5 7. Registrar of the Sessions Court, Bombay, is directed to release the currency notes worth Rs.2,79,790/- to Mr. V.V. Malhotra, Station Superintendent, Bombay Central, in compliance of order dated 21/2/2006 passed learned Sessions Judge in Sessions Case No.592 of 2004 and Sessions Case No.72 of 2005. Mr. Malhotra shall take with him a copy of the authority letter and his identity card to the Registrar, Sessions Court and show them to the Registrar to enable him to identify him. Application is disposed of. [SMT. RANJANA DESAI, J.] [DR. D.Y. CHANDRACHUD, J.]