Shree Ganapati Dev Ani Pujechi Nemnuk Trust v. The State Of Maharashtra And ORS

Rane 1/2 APPA-2038-2018 (SR.4) 3.3.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2038 OF 2018 IN CRIMINAL APPEAL (ST.) NO. 1482/2018 Shree Ganapati Dev Ani Pujechi Nemnuk Trust .....Applicant V/s.

The State of Maharashtra and Ors.

....Respondents * * * * Mr. Ketan A. Dhavle, advocate for the applicant. Mr.S.R. Agarkar, APP for State/Respondent no.1. CORAM : SANDEEP K. SHINDE, J.

W ednesday, 3 rd March, 2021.

P.C. :

1.

Leave to amend. Applicant seeks leave to delete respondents no.2 to 14. Leave granted. Amendment to be carried out in the Application, as well as, in the Appeal Memo within a week from today.

2.

Applicant is a Public Trust registered under the Bombay Public Trusts Act, 1950. Vide Misc. Application No. 1096/2015, Trust sought custody of the property produced before the Special Judge, MCOC, Raigad, Alibaug in Special

Rane 2/2 APPA-2038-2018 (SR.4) 3.3.2021 MCOC Case No.1/2012. The learned Special Judge vide order dated 16 th October, 2017 for the reasons stated in paragraphs577 to 583, declined to return the property to the applicant. Aggrieved by the said order, Appeal is preferred by the Trust, under Section 454 of the Criminal Procedure Code, 1973, alongwith an application for condonation of 342 days delay caused therefor.

3.

Heard learned Counsel for the applicant and learned APP for State.

4.

In view of the reasons stated in paragraphs-4, 5, 6, 9 and 11, in my view, the applicant has shown sufficient cause for condoning the delay.

5.

Application is allowed in terms of prayer clause (a) and disposed of.

6.

List the Appeal for admission on 8 th March, 2021.

Digitally signed by Neeta S.

Sawant Date:

2021.03.03 18:08:02 +0530 Neeta S.

Sawant (SANDEEP K. SHINDE, J.)