LILABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HAVING been aggrieved by the order of the Special Judge, Amravati, dated 21. 9. 1992 in Criminal Application No. 1 of 1992 rejecting her prayer for return of Maruti Car No. MH-27/a-74 and the R. T. O. registration papers of the Premier Padmini Car No. MH-27/a-322, the applicant has preferred this application under Section 482 of the Criminal Procedure Code inter-alia contending that both these cars belong to the petitioner, that the purchases are shown in the Income-tax return and that the petitioner is unable to ply the Maruti car and is also unable to deal with the Padmini Premier car. The learned Advocate for the petitioner contended that the order passed by the Special Judge is not maintainable in view of the fact that these cars are ostensibly owned by the petitioner and that there are reference of these vehicles in the Income-tax returns. However, on hearing the Advocate for the petitioner and the A. G. P. for the State. I feel that without dilating on merits, the following order could be passed so that interests of both the parties could be protected.

(2.) MARUTI Car No. MH-27/a-74 shall be returned to the petitioner on her executing an indemnity bond that she would produce the car or in the alternative pay the-price of Rs. 1,00,000/- in the event the vehicle is found to be not belonging to the petitioner. The petitioner shall also deposit Rs. 1500/- per month towards earning from the car in the Trial court till decision of the case and the learned trial Judge shall deposit this amount in recurring deposit scheme in the name of Registrar of that Court. The entire amount shall be returned to the petitioner in case the petitioner is found to be the owner. In the event of failure of the petitioner to deposit Rs. 1500/- per month, the order is liable to be revoked and the petitioner shall forthwith tender the car in the custody of the Court. The liberty is reserved to the petitioner to apply to this Court in the event of any hardship. The petitioner be returned the registration papers of the Premier Padmini Car bearing No. MH27/a-322 on her giving an undertaking that the petitioner shall not transfer the car without the permission of the Court Petition disposed of.