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Bombay High CourtWP/3320/2018rule absolute

Ajay Durgaprasad Parwal v. The State Of Maharashtra

2019-01-30Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

Vina k sr.510.wp.3320.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3320 OF 2018 Ajay Durgaprasad Parwal

...Petitioner

Versus

State of Maharashtra

...Respondent

­­­­­­­­­­ Mr.Samarth Shrikant Karmarkar for the petitioner. Mrs.Veera Shinde, APP for the respondent - State. ­­­­­­­­­­ CORAM :

MRS. MRIDULA BHATKAR, J.

DATE :

30th JANUARY 2019 P.C. :

1. Rule. Rule made returnable forthwith.

2. The learned counsel waive notice of Rule.

3. Heard finally at the stage of admission by consent of the parties.

4. In this Writ Petition, the petitioner is challenging the order dated 2nd February 2017 passed by the learned Additional Sessions Judge in the Revision Application No.1164 of 2016. The learned Sessions Judge while giving interim custody of Toyota Innova Car (vehicle) bearing registration No.MH02­AK­8616, Chasis No.12330305 and Engine No.61633 to the petitioner/accused, has imposed conditions 1/2

Vina k sr.510.wp.3320.2018.doc which are incorporated in sub­clauses a), b) and c) of main Clause no.1, in respect of the valuation of the vehicle and security.

5. I have considered submissions advanced by both the counsel and nature of the offence. In view of this, sub­clauses a), b) and c) of main Clause no.1 are quashed and set aside and are substituted as per the following order;

ORDER

i) The petitioner /accused shall furnish surety / bond in the sum of Rs.3,00,000/­ towards the vehicle.

ii) The petitioner / accused shall not dispose of the vehicle without permission of the Trial Court. iii) Rule made absolute, accordingly.

iv) Writ Petition stands disposed of.

[MRIDULA BHATKAR, J.] 2/2