SM 1 930.ap.571.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 571 OF 2011 Shri. Kashinath Namdeo Javir ....Applicant Versus State of Maharashtra and others ....Respondents ____________ Mr. Sandeep C. Kekane for the Applicant. Mr. A. S. Shitole, APP for the Respondent­State. CORAM: B. R. GAVAI, J. DATED : 15 TH JULY, 2011. P.C.: Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present Application, Applicants are challenging the impugned order dated 30 th March, 2011, vide which an application filed by the present Applicant for return of his Auto Rickshaw came to be rejected. 3. The Auto Rickshaw bearing No. MH­09­A­8997 came to be seized in Crime No. 10 of 2007. The crime is registered against one Hanumandas Jakotia and others at the instance of Respondent No. 2. In sofar as the present Applicant is concerned, the allegation is that his Auto Rickshaw was used for transporting the goods. 4. The Apex Court in the case of Sunderbai Ambalal Desai V/ SM 2 930.ap.571.11 s. State of Gujarat, (2002) 10 SCC 283, has held that if a vehicle is seized in a crime, it is in the interest of justice, to release the same on Supurtnama by imposing certain conditions in order to avoid rusting of the vehicle. The Apex Court has held that if the vehicle is not released on Supurtnama, there is a danger of the vehicle being rusted and rendered useless. In that view of the matter, I am inclined to allow the application. 5. The Auto Rikshaw No. MH­09­A­8997 is directed to be released on the applicant's furnishing one or two solvent sureties in the Sum of Rs.20,000/­ (Rupees Twenty Thousand) in the Trial Court. The applicant shall also give an undertaking to the Trial Court that he will not dispose of the Auto Rikshaw or create third party rights in the said Auto Rikshaw till the pendency of the criminal proceedings and produce the same as and when directed by the Trial Court. 6. Rule is made absolute in the aforesaid terms with no order as to costs. (B. R. GAVAI, J.)