Nitin Pandurang Kharat v. The State Of Maharashtra And ANR

Digitally signed by RUSHIKESH V PATIL Date:

2022.01.18 15:20:33 +0500 RUSHIKESH V PATIL 11 WP.3720.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3720 OF 2021 Nitin Pandurang Kharat

...Petitioner

Versus

State of Maharashtra & Ors.

....Respondents ......

Mr. Nagraj S. Shinde for the Petitioner.

Mr. A. D. Kamkhedkar, APP for the State.

......

CORAM :

N. R. BORKAR, J.

DATE : 17th JANUARY, 2022.

P.C.

:

.

This petition takes an exception to the judgment and order dated 20th September, 2021 passed by the learned Additional Sessions Judge, Pandharpur in Criminal Appeal No. 8 of 2021. 2.

I have heard the learned Counsel for the Petitioner and the learned APP for the Respondent-State.

3.

Hydraulic Excavation Machine owned by the Petitioner came to be seized in Crime No. 1049 of 2020 registered by Sangola Police Station.

4.

The learned APP for the Respondent-State, on instructions, from the Investigating Ofcer Mr. Prashant Bhasme submits that the R. V. Patil

11 WP.3720.2021.doc prosecution has no objection to release the machine/vehicle in question in favour of the Petitioner. In view of this, the following order is passed:

ORDER

i) The petition is allowed.

ii) The machine/vehicle in question shall be returned to the Petitioner on execution of bond in the sum of Rs.20,00,000/- (Rs. Twenty Lakhs only) before the trial Court.

iii) The Petitioner shall not transfer/alienate the machine/vehicle in question during the pendency of trial.

iv) The petition is disposed of accordingly.

(N. R. BORKAR, J.) R. V. Patil