1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.998 OF 2009 IN CRIMINAL APPEAL NO.356/2003 (Govindsingh Thakur .vrs. State of Maharashtra and others) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders .......... CORAM : A.P. LAVANDE & P.D. KODE, JJ DATED : JANUARY 21, 2010 Heard Mr. R.P. Joshi, learned counsel for the applicant, Mr. T.A. Mirza, learned APP for respondent no.1 and Mr. M.P. Badar, learned counsel for respondent no.2. By this application the applicant seeks direction against the respondents to release .375 Magnum Gun, Winchester Model, which is presently lying with the respondents. It is admitted by both the authorities that the gun in question is presently lying with the JMFC, Ramtek. Mr. Mirza, learned APP for respondent no.1 and Mr. Badar, learned counsel for respondent no.2 have submitted that they have no objection if the said gun is kept with the State Armory Department, Police Head 2 Qurter, Nagpur till the disposal of the appeal and subject to the orders of this Court. Mr. Joshi, learned counsel for the applicant, upon taking instructions from the applicant, states that in order to keep the gun in proper condition, the test firing be done from the said gun every month and expenses towards the same will be borne by the applicant. Learned counsel for the respondents have no objection. In view of the above, we pass the following order : Learned JMFC, Ramtek is directed to transmit the above gun to Police Head Quarter, Nagpur within a period of two weeks from the date of receipt of the order. The said gun shall be test fired every month by respondent no.1 and the expenses for the same shall be borne by the applicant. The approximate monthly expenses shall be informed by respondent no.1 to the applicant two weeks in advance before test firing the gun and subject to deposit the said amount, respondent no.1 shall carry out test firing until further orders. The application stands disposed of. JUDGE JUDGE Gulande