VISHNU RAMCHANDRA BHAGWAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. A.K. Bhosale, the learned Counsel for the petitioner. Heard Mr. P.P. More, the learned Additional Public Prosecutor, for the respondent no.1. Heard Mr. U.N. Shete, the learned Counsel for the respondent no.2.

(2.) Rule. By consent, Rule made returnable forthwith. By consent, heard finally.

(3.) The petitioner is the accused in Crime No. I-94/2011, registered with Mukundwadi Police Station, Aurangabad. The said case relates to offences punishable under Sections 420 of the IPC, 468 of the IPC, 471 of the IPC, 120(B) of the IPC, 406 of the IPC, 323 of the IPC, 506 of the IPC, read with Section 34 of the IPC. In the course of investigation, in all, twelve vehicles belonging to the petitioner came to be seized. The petitioner made an application before the Judicial Magistrate (First Class), Aurangabad, praying for the return of the said vehicles to him. The application was made in view of the provisions of Section 457 of the Code of Criminal Procedure, 1973 [For short, "the Code"], and was treated, as such, by the learned Magistrate, who, after hearing the investigating agency and the applicant, passed an order directing the vehicles to be returned to the petitioner, on executing a bond with certain conditions.