Cri.Application No.2619 of 2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2619 OF 2011 IN CRIMINAL APPEAL NO.599 OF 2005 Pradeep Harischandra Rathod ..Applicant Versus The State of Maharashtra ..Respondent Mr N.G.Shah, Advocate hodling for Mr N.S.Ghanekar, Advocate for applicant Mr S.D.Kaldate, A.P.P. for respondent-State Mr N.V.Gaware, Advocate for respondents 1, 3 and 5 in appeal CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 29th June 2011 PER COURT 1. This is an application at the behest of the applicant/complainant, who seeks return of property i.e. Article No.2 wrist watch, Article No.4 gold chain, Article Nos.25 and 24 gold rings. The trial Court, it appears, by judgment dated 9.5.2005 acquitted the original accused i.e. accused 1 to 5. The aforesaid property was directed to be returned to the complainant after the appeal period was over. The State being aggrieved by the acquittal of the accused has filed the present appeal against acquittal i.e. Criminal Appeal No.599 of 2005. The appeal has been admitted and Mr N.V.Gaware, learned Counsel appears on behalf of respondents 1,3 and 5. However, none appears on behalf of respondents 2 and 4 though they have been served. Cri.Application No.2619 of 2011 2 2. Mr Shah, learned Counsel for the applicant has urged before us that the appeal against acquittal is of the year 2005 and would pend for a period of ten years. It is urged before us that the seized property i.e. Article 2 wrist watch would be of no use, if directed to be returned after a considerable delay. It is also urged before us that the applicant is deprived of the use of the gold chain and the gold rings, which had been directed to be returned to the applicant. The accused have also not claimed that this is their property. Accordingly, no order for return of property to the accused was passed by the trial Court. In that light of the matter, therefore, according to us the applicant is entitled to the return of the property subject to the condition that the applicant shall retain the aforesaid articles in their original condition and shall execute an undertaking before the trial Court, undertaking to produce the said property, if directed by this Court. The Supratnama/bond to be executed before the trial Court to the satisfaction of the learned trial Court. On applicant complying with the aforesaid condition, the trial Court shall hand over the property to the applicant on his executing the supratnama/bond. 3. Application allowed accordingly. ( A.V. POTDAR, J. ) ( P.V. HARDAS, J. ) (vvr/2619.11criappln)