1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.910 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Advocate Shri A.I.Deshmukh for the petitioner and Smt.B.R.Khekale APP for Respondent ­ State. 2. It is the prayer of the petitioner that the motorcycle bearing No.MH­19 AJ­618 of Hero Honda make which is attached in Sessions Case No.127 of 2007 decided by learned Additional Sessions Judge, Jalgaon on 31.7.2008, be directed to be handed over to him. It appears from the document produced at Exh.B to the petition that pending said sessions case No. 127 of 2007 the court passed order for handing over the said motorcycle to the present applicant on execution of indemnity 2 bond of Rs.50,000/= with one surety in the like amount. 3. As as observed in para 4 of the petition one of the solvent sureties produced by the applicant, which was in the name of Chandrakant Pralhad Sonawane, was found to be bogus and therefore custody of the vehicle in favour of the applicant was refused. While deciding the sessions case, the learned Additional Sessions Judge passed following order regarding property seized. " At this stage no order is passed about seized motorcycle. Remaining property being valueless, be destroyed after period of appeal will be over. " 4. In view of above, it does not appear that there is any order passed by learned Additional Sessions Judge, in respect of seized motorcycle. Petitioner is at liberty to move the Sessions Court for appropriate order 3 regarding seized motorcycle. 5. This writ petition, therefore, being premature is dismissed. Date:06/11/2009 (P.R.BORKAR, J.) pnd/criwp910.09