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Judgment
Heard Shri Vivek Awchat, learned Counsel for the
appellant and Shri N.H. Joshi, learned Additional Public Prosecutor for
the respondent/State.
The challenge is to the order dated 22-12-2017 rendered
by the learned Additional Sessions Judge, Yavatmal in Misc. Criminal
Application 73/2017, by and under which the application for releasing
vehicles auto-rickshaw bearing number MH-29/AD-7599 and auto-
rickshaw bearing number MH-29/AM-0672 on supratnama under
Section 452 of the Criminal Procedure Code is rejected.
The rejection is entirely founded on the fact that Criminal
Appeal 536/2017 is pending before this Court in which the judgment
and order dated 12-10-2017 in Special Case (POCSO) 42/2015 is
impugned.
The appellant, who is convicted by and under the said
judgment, is prima facie the owner of the two vehicles and it is not
disputed before me that the two vehicles were seized from the
appellant.
Notwithstanding the conviction and the pendency of the
appeal challenging the judgment of conviction, there is no reason why
the two vehicles should be detained.
The only relevance of two auto-rickshaws which are
detained by the investigating agency, is that the victim was taken in
one of the two auto-rickshaws.
The order impugned is unsustainable, and is set aside.
Misc. Criminal Application 73/2017 is allowed.
Auto-rickshaw MH-29/AD-7599 and Auto-rickshaw MH-
29/AM-0672 be released, on the appellant executing bond to the
satisfaction of the trial Court.
The criminal appeal is allowed.