1 19.wp.560.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.560 OF 2026 Shri Dharmadas Abhiman Bhondle .Vs. State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. R.L. Kadu, Advocate for petitioner. Ms S.V. Kolhe, A.P.P. for respondent/State. CORAM : MEHROZ K. PATHAN, J. DATE : 28/08/2026 1. Heard Mr. Kadu, learned counsel for the petitioner and Ms. Kolhe, learned A.P.P. for the State. 2. Mr. Kadu, learned counsel for the petitioner submits that the Tractor bearing registration No.MH-36/Z- 9743 and the Trolley bearing registration No.MH-36/AG- 0672 came to be seized in connection with Crime No.117 of 2023, for the offences punishable under Sections 379, 34 of the Indian Penal Code (IPC) read with Section 50(1) CMVR/177 of the Motor Vehicles Act, 1988. 3. The petitioner herein has filed an application under Section 457 of the Code of Criminal Procedure (Cr.P.C.) for releasing of the seized Tractor and Trolley on supratnama. The learned Trial Court vide its order dated 04.05.2023, had allowed the said application on certain terms and conditions. The present crime was registered on 17.04.2026 for the offences punishable under Section 305(e) of the BNS. 2026:BHC-NAG:11487 2 19.wp.560.2026.odt 4. Mr. Kadu, learned counsel submits that necessary procedures required to be followed, by preparing a panchamama in the presence of the present petitioner was not followed by the police authority. The police department is not competent authority to take action against the petitioner only on the ground that the earlier conditions were not complied with by the present petitioner when the vehicle was released earlier in Crime No.263 of 2026. 5. At the outset, Mr. Kadu, upon instructions from his client, makes a submission that the petitioner is ready to show his bonafides and deposit an amount of Rs.50,000/- for release of his vehicles. 6. The learned A.P.P. though opposes such offer of the present petitioner, however, prays for imposing appropriate conditions depositing security and forfeiture of the amount and the vehicle, if it is again found involved in an identical offence of sand theft as the applicant’s vehicle was earlier involved in theft case and certain conditions imposed by the Court were violated. 7. The Hon’ble Supreme Court in the case of Sunderbhai Desai Ambalal Desai ..vs.. State of Gujrat1 was pleased to observe as under :- “17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.” 1 (2002) 10 SCC 283 3 19.wp.560.2026.odt 8. Thus, taking into consideration the voluntary statement made by the learned counsel for the petitioner, Mr. Kadu, upon instructions that he is ready to deposit Rs.50,000/- for release of the vehicles before the learned trial Court and the observations of the Hon’ble Supreme Court in the case of Sunderbhai (supra), I am inclined to pass the following order :- ORDER (a) The Writ Petition is partly allowed. (b) The seized vehicles is directed to be released subject to the condition that the petitioner shall deposit an amount of Rs.50,000/- before the learned trial Court. (c) Upon such deposit of amount of Rs.50,000/- before the learned trial Court and upon furnishing a P.R. Bond to the satisfaction of the trial Court, the vehicles shall be released by the concerned Police Station into the custody of the present petitioner after preparing the detail panchanama and taking photographs of the said vehicles and taking appropriate signatures of the present petitioner. (d) The aforesaid vehicles shall not be used by the petitioner hereinafter in any other identical crimes of sand theft or any other crime. (e) A single violation of the conditions imposed by this Court, or if the vehicles is found to be involved in another identical offence of sand theft, the amount Rs.50,000/- deposited before the trial Court subject to this order, shall stand forfeited. 4 19.wp.560.2026.odt (f) With the above directions, the Writ Petition stands disposed of. (MEHROZ K. PATHAN, J.) C.L. Dhakate Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 01/09/2026 19:05:25