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Bombay High CourtAPPA/686/2014others disposed off

Rupam Kalpesh Vaghani v. The State Of Maharashtra

2015-12-05Hon'Ble Shri Justice A.M. Thipsay3 pages

Tilak 1/3 (2)APPA-686-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.686 OF 2014 IN CRIMINAL APPEAL NO.1231 of 2013 Rupam Kalpesh Vaghani .. Applicant

Versus

The State of Maharashtra .. Respondent --- Ms.Meghna Gowalani i/b Rashmi Gagwani, Advocate for the applicant.

Ms.R.M.Gadhvi, APP for the Respondent State.

--- CORAM : ABHAY M. THIPSAY, J.

DATED : 5th DECEMBER, 2015 --- P.C. :

Heard.

The learned Addl. Sessions Judge has stipulated that the property shall be returned to the complainant i.e. the present applicant after the Appeal period would be over, but not before one year from the date of the said order i.e. 31st January 2013. The only rider put on this by the Addl. Sessions Judge is that in the mean time, no orders in the matter should have been passed by this Court. Paragraph no.7 of the application itself shows that the applicant claims to have become entitled to receive the property, as no order regarding the disposal of the property has been passed by this Court.

Tilak 2/3 (2)APPA-686-14 As such, it is not necessary to pass any order on this application. The applicant may approach the trial Court for return of the property in accordance with the original order passed by the Addl. Sessions Judge while disposing of the case. Application is disposed of in the aforesaid terms. (ABHAY M. THIPSAY, J)

Tilak 3/3 (2)APPA-686-14 CERTIFICATE Certified to be true and correct copy of the original signed Judgment/Order.