Mahesh Manohar Phalanikar v. State Of Maharashtra

98-IA-4124-2025 (CR).doc Shubhada S Kadam IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4124 OF 2025 IN CRIMINAL APPEAL NO. 660 OF 2025 Mahesh Manohar Phalanikar ... Applicant/s

Versus

The State of Maharashtra ... Respondent/s ____________________________________________________________ Ms. Keral Mehta, Advocate for the Applicant. Mr. Prashant P. Jadhav, APP for Respondent-State. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 16th JANUARY, 2026.

P.C. :

1.

By this application, the applicant is seeking return of documents.

2.

It is the contention of the learned counsel for the applicant that the applicant has been convicted and sentenced to seven years' rigorous imprisonment for the offences registered against him. It is further submitted that the applicant has already undergone eight years of incarceration, which is in excess of the sentence imposed upon him. During investigation, the police has seized original Aadhar Card, Pan Card, Driving License and Passport of the applicant. The applicant requires these SHUBHADA SHANKAR KADAM documents for his daily work and, therefore, has prayed for return of the same.

SHUBHADA SHANKAR KADAM Date: 2026.01.19 11:18:20 +0530

98-IA-4124-2025 (CR).doc Shubhada S Kadam 3.

Learned APP strongly objected to allow the application on the ground that accused No.4 has been convicted and sentenced to life imprisonment and has preferred an appeal against the said conviction. It is contended that if the seized documents are required in the said appeal, difficulties may arise. Hence, requested to reject the application. 4.

I have heard both learned counsel. The applicant has already undergone the sentence imposed upon him. The documents in question, namely the Aadhaar Card, PAN Card, Driving Licence, and Passport, were seized during investigation and are essential for the applicant's day-to-day affairs. In my view, it would suffice, if a condition is imposed upon the applicant to produce the said documents before this Court as and when required. Hence, I pass following order :

O R D E R

(i) The original Aadhar Card, Pan Card, Driving License and Passport of the applicant be returned to the applicant, subject to his filing an undertaking that he shall produce the said documents before this Court as and when required. The application is allowed in above terms and disposed of. (SHIVKUMAR DIGE, J.)