Shivaji Asaram Raut v. State Of Maharashtra
2024:BHC-AS:13828
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL ST. NO.4079/2024 WITH INTERIM APPLICATION NO.843/2024 IN CRIMINAL APPEAL ST. NO.4079/2024 SHIVAJI ASARAM RAUT ..APPELLANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Nitesh Mohite a/w. Adv. Shivram Gawade for the applicant/appellant.
Smt. Megha Bajoria, APP for the State.
PSI Ware, Talegaon Dabhade police station.
------------ CORAM : M. S. KARNIK, J.
DATE : MARCH 21, 2024.
P.C. :
INTERIM APPLICATION NO.843/2024 IN CRIMINAL APPEAL ST. NO.4079/2024 1.
This is an application for condonation of delay for filing the appeal.
2.
Learned APP while opposing the application submitted that there is no satisfactory explanation indicating the reasonable and sufÏcient cause to condone the delay. The applicant had earlier filed Criminal Writ Petition Stamp No.13774/2023 before this Court under Section 482 of the Code of Criminal Procedure challenging the order impugned 1/3
in this appeal. The same is allowed to be withdrawn with liberty to file appeal under Section 454 of the Code of Criminal Procedure.
3.
For the reasons mentioned in the application, I am inclined to condone the delay. The application is allowed in terms of prayer clause (a). The application is disposed of. CRIMINAL APPEAL ST. NO.4079/2024 4.
Heard learned counsel for the appellant.
5.
Learned APP for the State opposed the appeal for return of the property viz. Maruti Swift VDI bearing registration No.MH-14-DX-0597 which the appellant claims to be of his ownership.
6.
By the judgment and order dated 6/5/2022 in MCOC Case No.2/2019 which resulted in acquittal of the accused, in clause (7) of the operative order, the trial Court held thus:- "7] The seized muddemal i.e. Mahindra Vinto Car bearing registration No. MH-20-CH-9699 and Maruti Swift Car bearing registration No.MH-14-DX-0597 have not been claimed by anybody, same be sold in public auction and sale proceeds be credited to Government."
7.
The appellant was not arraigned as an accused in the said MCOC case. The appellant did not file any application in 2/3
MCOC case for return of the property.
8.
Learned APP submitted that very same Swift car bearing registration No. MH-14-DX-0597 is the subject matter of seizure in C.R.No.412/2018 registered at Wakad Police Station for the offence punishable under Section 392 read with 34 of the Indian Penal Code.
9.
Considering that the Swift car is subject matter of C.R.No.412/2018, in my opinion, this appeal can be partly allowed. The direction in clause (7) of the operative order of the judgment and order dated 6/5/2022 so far as the Swift car to be sold in a public auction is quashed and set aside. 10.
The appellant is at liberty to make an appropriate application before the jurisdictional Court concerning C.R.No.412/2018 for return of the property. If such an application is made, the same shall be decided on its own merits and in accordance with law. I have not made any observations on merits.
11.
The appeal is disposed accordingly.
(M. S. KARNIK, J.) 3/3 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 21/03/2024 16:52:39