Mangesh Dattatray Kamble v. The State Of Maharashtra And Another

11-WP-181-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 181 OF 2022 Mangesh Dattatray Kamble ..PETITIONER

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. Amol Kokad, Advocate h/f Mr. R.M. Jade, Advocate for petitioner Mr. S.P. Sonpawale, A.P.P. for respondent no.1 - State ....

CORAM : R.G. AVACHAT, J.

DATED : 18th APRIL, 2022 PER COURT :

1.

Heard.

2.

The car bearing registration no. MH 12 NX 4202 belonging to the petitioner herein has been seized in connection with an offence under Section 302 of the Indian Penal Code. The petitioner is an proprietor of Raj Tours and Travels. According to him, the vehicle was let on hire to one Javed Wahid Sayyed. The same was used in commission of offence without his knowledge. Learned Additional Sessions Judge, Sangamner, in paragraph no.4 of the impugned order, has observed that the said vehicle is an important piece of evidence. It appears that in the seizure panchanama the description of the seized vehicle herein must have been appearing . If not, 1 / 2

11-WP-181-22.odt the same be done before the vehicle is released to the petitioner herein. No fruitful purpose would be served by detaining the vehicle, since it is not known how much time will be taken for conclusion of the trial. 3.

In view of above, the impugned order is hereby set aside. The said vehicle be released on the conditions to be imposed by the learned Additional Sessions Judge, Sangamner. Criminal writ petition stands disposed of accordingly.

( R.G. AVACHAT, J. ) SSD 2 / 2