RAVINDRA BAPUNATH TAYADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) As both these applications, involve common question, they are disposed of by this common judgment.

(2.) The vehicle bearing registration No. MP-28-A-0949 [jeep] was belonging to applicant in Criminal Application No. 3354 of 2004 and vehicle bearing Registration No. MH-31-W- 7791 [pick-up-van] M. P. 28-A 0949 [jeep] was belonging to applicant in criminal Application No. 1941 of 2005. They were allegedly transporting the fish collected from Wild Life Area as such same were seized by the Forest Officials. The applicants moved the applications for releasing the said vehicles on their Supratnama before the learned J. M. F. C. Ramtek. He rejected those applications by his orders dated 29. 9. 2004 and 3. 12. 2004. The revision applications were preferred against those orders, bearing Criminal Revision No. 590/ 2004, which was decided on 30. 10. 2004 and Revision 795/2004 which was decided on 15. 6. 2005, by the Additional sessions Judge, Nagpur. The said revision applications were also dismissed and therefore, the applicants have preferred these applications under section 482 cr. P. C. to challenge those orders seeking release of the said vehicles on Supratnama till the disposal of the proceedings.

(3.) Before considering the submissions of the parties, it is necessary to mention that this Court vide order dated 21. 3. 2005 in Criminal Application No. 3354/2004 passed order to release the vehicle on supratnama, which reads thus: heard both sides. Admit. Interim relief in terms of prayer Clause (c). The vehicle shall be returned to the applicant on the condition that he furnishes cash deposit of bank guarantee in the sum of Rs. 25000/-by way of security. The applicant shall furnish an undertaking to this Court that he shall not sell, transfer or alienate the vehicle or create any third party interest in the said vehicle in any manner. He shall not change the colour or identity of the vehicle in any manner and he shall produce the vehicle as and when required before the Court or police agency or forest officials. On the guarantee or cash deposit and the undertaking being supplied, the vehicle shall be returned to the applicant. The undertaking to be supplied to this Court within a period of two weeks. In Criminal Application No. 1941/2005, this Court had passed an interim order on 12. 12. 2005 which reads thus: