SACHIN ASHOK KHARE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) ADMIT . Heard finally by consent of learned Counsel for both the sides. By this criminal application, the applicant/accused in Crime No. 112/2012 registered by Police Station, Sitabuldi, Nagpur for the offences punishable under Sections 406, 409, 465, 468, 471, 192, 196 and 120 -B of Indian Penal Code has prayed for release of muddemal property consisting of his documents and cash of Rs. 15,05,000/ - seized by the Police on 27/3/2012 from his Office and house under seizure panchanamas placed at pages 16 and 23 of the criminal application.

(2.) SHRI Manohar, learned Senior Counsel appearing for the applicant, submits that initially similar application was filed being Criminal Application No. 403/2012 before this Court. However, same was withdrawn by the applicant as at that stage, statement was made on behalf of prosecution that Investigating Officer would file charge -sheet within a short time and while granting leave to withdraw the said criminal application, liberty was granted to the applicant to file a fresh application when charge -sheet is filed. It is submitted that till date, no charge -sheet is filed by the non -applicant.

(3.) THE aforesaid order permitting applicant to withdraw Criminal Application No. 403/2012 appears to be passed on 23/8/2012. In spite of the same, no charge -sheet is filed in the said crime till today. The Investigating Officer Shri S.P. Madare is present in the Court and on his instructions, learned Additional Public Prosecutor makes a statement that muddemal articles seized in the above said crime from the office and residential premises of the applicant under seizure panchanamas may be released on supratnama by imposing suitable conditions upon the applicant.