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Bombay High CourtAPPA/5/2015others disposed off

Vaishali Vijay Deshpande v. The State Of Maharashtra And ORS

2015-10-23Hon'Ble Shri Justice A.M. Thipsay4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5 OF 2015 IN CRIMINAL APPEAL NO.1610 OF 2011 VAISHALI VIJAY DESHPANDE )...APPLICANT V/s.

THE STATE OF MAHARASHTRA AND ORS.

)...RESPONDENTS Shri Nikhil Chavan i/b. Shri Abhijeet Deshmukh, Advocate for the Applicant.

Smt.Rebecca Gonsalves, Advocate for Respondent Nos.3 and 4. Shri Deepak Thakre, APP for the Respondent - State. WITH CRIMINAL APPEAL NO.1610 OF 2011 AND CRIMINAL APPEAL NO.1590 OF 2011

CORAM

:

ABHAY M. THIPSAY, J.

DATE :

23rd OCTOBER 2015.

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P.C. :

I have heard Smt.Rebecca Gonsalvez, the learned counsel for respondent nos.3 and 4. She submits that respondent nos.3 and 4 have no objection if the application is allowed in terms of Prayer Clause (a).

The locker has been attached by respondent nos.3 and 4 in the course of investigation.

It appears that the contents of the locker have nothing to do with the offence for which the applicant was prosecuted and has been convicted.

If the locker has nothing to do with the property obtained by committing the alleged offence, or with the proceeds of the crime, as indicated by the learned counsel for the respondent nos.3 and 4, then, the respondent no.3 shall write an appropriate letter to the concerned bank clarifying the position, and removing the attachment.

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The respondent no.3 shall report compliance to this court.

The application is allowed in the aforesaid terms and stands disposed of.

(ABHAY M. THIPSAY, J.) avk 3/4

CERTIFICATE Certified to be true and correct copy of the original signed Judgment / Order.

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