IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.788 OF 2008 CRIMINAL APPLICATION NO.788 OF 2008 CRIMINAL APPLICATION NO.788 OF 2008 IN IN IN CRIMINAL APPEAL 678/2005. CRIMINAL APPEAL 678/2005. CRIMINAL APPEAL 678/2005. Shrishail Basappa Basargi ..Applicant versus The State of Maharashtra ..Respondent Mr.Amit Sale for the Applicant Mrs.M.M.Deshmukh, APP for the Respondent State CORAM : Smt.RANJANA DESAI & CORAM : Smt.RANJANA DESAI & CORAM : Smt.RANJANA DESAI & R.Y.GANOO, JJ. R.Y.GANOO, JJ. R.Y.GANOO, JJ. DATED : 22nd August, 2008. DATED : 22nd August, 2008. DATED : 22nd August, 2008. P.C. 1. This application is preferred by original accused No.3 praying that the motorcycle which was allegedly used in the commission of the crime, belongs to his brother and hence it may be returned to him on execution of bond. 2. Since the motorcylce belongs to the brother of the applicant, in our opinion, the present application is not tenable. Needless to say that if the brother is the owner of the motorcycle, he may adopt such legal remedy as may be available to him. In view of the above, this application is disposed of. -2- 3. Office is directed to send copy of this order to the applicant/accused in the jail where he is lodged. (Smt.Ranjana Desai, J.) (Smt.Ranjana Desai, J.) (Smt.Ranjana Desai, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)