APPA.601-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 601 OF 2010 IN CRIMINAL APPEAL No. 264 OF 2010 Mithun @ Nitin Zumbar Kale & Ors. ...Applicants Vs. The State of Maharashtra ...Respondent AND Jahangir Bhanu Pawar ... Intervenor *** Mr. U. R. Agandsurve, for the Applicants. Mrs. R. V. Newton, for the Respondent. *** CORAM: V. M. KANADE J. DATE : AUGUST 9, 2010 P.C. 1. Heard the learned counsel for the applicants and the learned APP for the Respondent/State. This application is filed by the applicant seeking return of the property which was seized by the police, pursuant to the judgment and order passed by the Sessions Court in Sessions Case No. 221 of 2007. The vehicle in question which is an auto rickshaw, was APPA.601-10 - 2 - used in the commission of offence punishable under section 395 and 397 of the I.P. Code by the brother of the applicant who has been convicted by the Sessions Court for the said offences. The learned counsel for the applicant submits that during pendency of the trial, the learned Magistrate was pleased to hand over possession of the said vehicle, on the applicant executing a bond in the sum of Rs. one lac, by an order dated 5th March, 2007. He submitted that the said vehicle may be returned on the same terms and conditions. 2. Perused the order dated 5th March, 2007 passed by the learned Magistrate. In my view, the appeal is admitted and is not likely to reach for final hearing in the near future. Taking into consideration the huge backlog of pending cases, it will be appropriate to return the said vehicle to the applicant on the same terms and conditions, as imposed by the learned J.M.F.C, by an order dated 5th March, 2007. No useful purpose would be served in keeping the said vehicle in the police station, since the said vehicle then will have to be sold as scrap after some time. 3. The application of the applicant is allowed. The vehicle in question be returned to the applicant, on his execution of indemnity bond in the sum of Rs.one lac, along with an undertaking that he shall not create any third party rights and/or sell the said vehicle during pendency APPA.601-10 - 3 - of present appeal. . Present application is accordingly allowed in the aforesaid terms and in terms of prayer clause 10(A). Sd/- [ V. M. KANADE J.]