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2026 DAILYLAW 14827 (BOM)

AKSHAY NANASO MHARNUR v. STATE OF MAHARASHTRA AND ANR.

WP/677/2026 · 2026-10-06

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Judgment text

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86 - CR WP - 677 - 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 677 OF 2026 Akshay Nanaso Mharnur Age - 27 years, Occu. - Farming, Residing at – Vithurayachi wadi, Tal – KavatheMahankal, District – Sangli. … Petitioner Versus. 1. State of Maharashtra Through Police Inspector, Sangola Police Station, Tal- Sangola, Dist-Solapur. Pin- 413307 2. The Superintendent of Police, Solapur Gramin, Solapur, Pin- 413001 … Respondents -------- Mr. Abhay Jadhavar with Mr. Ganesh M. Khatkale for the Petitioner. Mr. N. B. Patil, APP for the State. B. S. Lengre, Police Naik, Sangola Police Station, is present. -------- CORAM : ASHWIN D. BHOBE, J. DATED : OCTOBER 6, 2026 ORAL ORDER:- 1. Heard Mr. Abhay Jadhavar, learned Advocate for the Petitioner VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.10.06 20:06:05 +0530 86 - CR WP - 677 - 2026.doc and Mr. N. B. Patil, learned APP for the State. 2. By this Petition, the Petitioner has sought the following substantive relief: “A. Issue a writ, quash and set aside the order dated 16.06.2026 passed by the ld. JMFC, Court No.-2 Sangola in Criminal Misc. Application No. 111 of 2026. B. Quash and set aside the order dated 31.07.2026 passed by the ld. Additional Sessions Judge, Pandharpur in Criminal Revision Application No.13 of 2026. C. Release the vehicle bearing Registration No. MH-09-CV-6699 (HYUNDAI MOTORS LTD, MODEL CRETA) in favour of the petitioner on such terms and conditions as this Hon'ble Court deems fit and proper. D. Permit the petitioner to furnish an indemnity bond and undertaking for production of the vehicle as and when directed by the competent court. E. Grant any other relief deemed fit in the interest of justice.” 3. Mr. Abhay Jadhavar, learned Advocate for the Petitioner, states that the subject vehicle, i.e., a white-coloured Creta car bearing Registration No. MH-09-CV-6699 (“seized Vehicle”), is involved in Crime No. 197 of 2026. He submits that the Petitioner owns the seized Vehicle. He refers to the document at Exhibit ‘A’, page No. 12, i.e. the Registration Certificate of the seized Vehicle, wherein the name of the Petitioner is shown as the Owner. He further submits that the seized Vehicle belongs exclusively to the Petitioner and that no other person has any right or interest in it. VRJ 2 86 - CR WP - 677 - 2026.doc 4. Mr. Abhay Jadhavar, learned Advocate for the Petitioner, submits that if the custody of the seized Vehicle is released to the Petitioner, the Petitioner shall maintain the same as it is, furnish the required Indemnity Bond and abide by all the conditions that may be imposed for release of the seized Vehicle. He further submits that the seized Vehicle will not be used for any unauthorized purpose or illegal activities. He submits that keeping the seized Vehicle with the Police would deteriorate it and serve no purpose. 5. Mr. N. B. Patil, learned APP, submits that if the Petitioner, who is the owner of the seized Vehicle, furnishes the required Indemnity Bond and further undertakes to abide by all the conditions that would be imposed while releasing the seized Vehicle, the Respondents have no objection to handing over the seized Vehicle to the Petitioner. 6. The Petitioner, being the owner of the seized Vehicle, is not in dispute. 7. In view of the above and the statements made by Mr. Abhay Jadhavar, learned Advocate for the Petitioner, this Petition is allowed in terms of prayer clause (a). Consequently, the seized Vehicle is ordered to be released to the Petitioner, subject to the conditions that the Judicial Magistrate First Class, Court No. 2, Sangola (“Trial Court”) may deem fit and appropriate to impose for handing over the seized Vehicle VRJ 3 86 - CR WP - 677 - 2026.doc to the Petitioner, including the execution of the necessary Indemnity Bond by the Petitioner and a specific undertaking from the Petitioner that the Petitioner shall produce the seized Vehicle before the Trial Court as and when required by the Trial Court. 8. Writ Petition No.677 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) VRJ 4