✦ Bombay High Court · 21 Nov 2012

M/s. Patel Madhavlal Maganlal and Co v. The State of Maharashtra & Ors.

K U CHANDIWAL

Judgment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL REVN. APPLICATION NO. 222 OF 2010 M/s. Patel Madhavlal Maganlal and Co. ... Applicants. V/s. The State of Maharashtra & Ors. ... Respondents. Mr. Vinit Randive for the Applicants. Mr. A.S. Shitole, APP for the State. CORAM : K.U. CHANDIWAL, J. DATED : 21st NOVEMBER 2012. P.C. :- Heard learned Counsel for the Revision Applicants. The employees of the Applicants were carrying valuable material like gold ornaments and diamonds in a car. They were intercepted by unknown persons and the car and the valuables was taken away by robbery. Few of the persons who were nabbed, subsequently, were tried and acquitted. However, case against absconding accused is still pending.

2.

The Applicants assert the property was taken from their employees and the employees have already recorded no objection to this effect. Even the persons from whom the property was collected by the Applicants for transporting it, have also recorded their no objection. 2 REVN 222.10.sxw

3.

Considering the value of the property and an undertaking assured by the Applicants, the property in question be handed over to the Applicants on a condition of giving a bond to the value of the property and with an undertaking to return the same whenever specifically informed by the Trial Judge as it would be required in the trial. The Applicant shall not change the character/nature of the property till further orders. Photographs of the articles to be drawn at the cost of the Applicants and copy to be retained in the record of the learned Trial Judge. Revision Application allowed to the extent as above.

(K.U. CHANDIWAL,J.)

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