Pravin Parsi Vesi Birgoonl v. The State Of Maharashtra

cran4965.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4965 OF 2016 IN APPLN/4429/2016 PRAVIN PARSI VESI BIRGOONL

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Surve Hemant APP for Respondents: Mr. M.B. Bharaswadkar .....

CORAM : V. K. JADHAV, J.

DATED : 21st DECEMBER, 2016 PER COURT:- 1.

Heard.

2.

The learned Additional Sessions Judge, Jalgaon by judgment and order of acquittal dated 16.5.2016, directed that the Muddemal property i.e. registers and documents seized from the University be returned to the concern Officer of the University and the documents and articles seized from the custody and rooms of accused, be returned to them after the appeal period.

3.

Learned counsel for the applicant submits that even though the appeal period is over and even the appeal is yet to be admitted before this court, the said documents and articles seized from the custody and rooms of the accused are not returned to them. The

cran4965.16 -2learned A.P.P. submits that except passport and the visa, the other documents were not at all seized and these two documents are submitted before the Sessions court.

4.

The learned counsel for the applicant submits that even though the applicant has submitted an application before the Sessions Court, the same is not entertained for the reason that the State has preferred appeal before this court and the application seeking leave to file appeal against acquittal is pending consideration before this court.

5.

The appeal period is over long back. The application seeking leave to prefer appeal against acquittal, filed by the State is pending. If the application is submitted by the applicant before the Sessions Court and the same is still pending, the Sessions Court may pass an appropriate order on the said application. With the above observations, this criminal application is disposed of. ( V. K. JADHAV, J.) rlj/