Sajid Shaikh Mohd. Chand v. The State Of Maharashtra And ANR
wp.821-2016.doc Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 821 OF 2016 Sajid Shaikh Moihd. Chand ..Petitioner Vs The State of Maharashtra & Anr ..Respondents ----- Mr. Vikram Sutaria for petitioner.
Mr. A.R. Patil, APP for State.
Mr. Dinkar Mohite, P.I., ATS, Mumbai present. CORAM : A.S.GADKARI, J.
DATE : 1st October 2018.
P.C.:
1] By the present petition under Article 227 of the Constitution of India, the petitioner has prayed that his premises namely Flat No.25/b, situated at 3rd floor, 16 New Kantawadi Road, Bandra, Mumbai-400050 (suit premises) be unsealed.
2] Heard the learned counsel appearing for the petitioner and the learned APP for the state. Perused the record. 3] The petitioner was witness in M.C.O.C. Special Case No.21 of 2006. It was allegation of the prosecution that, one of the accused in the said case had obtained the suit premises on leave and licence basis from the 1/2
wp.821-2016.doc petitioner and was staying there prior to commission of offence. The said premises was sealed by the police during the course of investigation. The record indicates that, the trial of the said crime i.e M.C.O.C. Special Case No.21 of 2006 has came to an end and after recording evidence, the said accused has been convicted by the Trial Court. The learned APP on instructions from the Investigating Officer submitted that, the Investigating Agency does not have any objection for unsealing the said premises and handing over the possession of the same to the petitioner. He on instructions further submitted that, the Investigating Agency will hand over possession of the said premises to the petitioner within a period of two weeks from today. The said statement is accepted. 4] Petition is accordingly allowed in terms of prayer clause (a). All the concerned to act on an authenticated copy of this Order. by Anil Chandrakant Dond Date:
2018.10.05 14:57:45 +0530 Anil Chandrakant Dond (A.S.GADKARI, J.) 2/2