( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1913 OF 2009 IN CRIMINAL APPEAL NO. 317 OF 2004 Giridharan s/o Ayemperumal Nadar APPLICANT VERSUS State of Maharashtra and another RESPONDENTS ..... Mr. N.S. Ghanekar, advocate for the applicant. Mr. K.S. Patil, APP for the respondent No.1/State. Mr. Pankaj A. Bharat, advocate holding for Mr. S.S. Choudhari, advocate for respondent No. 2. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 6th August, 2009] PER COURT : 1. Heard. 2. The ornaments and other property articles which were subject matter of the alleged dacoity and house breaking, committed in the residential flat of the ( 2 ) complainant, were recovered by the Investigating Officer during course of investigation. The learned Sessions Judge directed to return the property articles to the complainant after due identification thereof. The original accused No. 1 Sahebrao is the only accused convicted by the Court of Sessions for offence punishable under section 394 of the I.P. Code. Mr. Pankaj Bharat, learned advocate holding for Mr. S.S. Choudhary, advocate for the respondent No.2, has no objection for delivery of the property. For, the accused No.1/appellant of Criminal Appeal No. 317/2004 did not claim any of the property articles in the Court of Sessions. Nor any other person came forward to stake claim in respect of the said property articles. The appeal preferred by the accused No. 1 – Sahebrao is likely to be heard after some years in view of pendency of old appeals. Considering these aspects, there is hardly any reason to withhold delivery of the recovered property articles to the complainant as directed by the Court of Sessions. 3. In the result, the application is allowed. The ( 3 ) property articles shall be delivered to the applicant/complainant as directed by the Court of Sessions on furnishing of `Supurtnama’ of the value of the said articles and after preparing a detailed list showing description of each article and on his giving undertaking that if so required, the articles will be produced before the Court as and when called and that he will not change the articles by melting the ornaments or in any other manner till the criminal appeal is disposed of. [ V.R. KINGAONKAR ] JUDGE NPJ/CRIAPLN1913-09