IA-1314-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1314 OF 2026 IN CRIMINAL APPEAL NO. 16 OF 2024 Suresh Shamrao Shinde ... Applicant Versus Central Bureau of Investigation and another … Respondents ------------------ Mr. Prakash L. Shetty, a/w Mr. Dnyanesh S. Bhatkhande for Applicant. Mr. Pradip D. Gharat for Respondent No. 1 – CBI. Mr. Amit Munde, APP for Respondent No. 2 – State. -------------------- CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. DATE : 07th SEPTEMBER 2026. ORDER (PER SHREERAM V. SHIRSAT J.) 1. Heard Shri. Prakash Shetty, the Learned Counsel for the Applicant and Special Public Prosecutor Shri Pradeep Gharat for Respondent CBI. 2. The present interim application has been filed by the Applicant in Criminal Appeal No. 16/2024, for return of the jewellery and other items seized from his person at the time of his arrest, vide Panchanama Exhibit 117 in MCOC Special Case No. 4 of 2018 a/w MCOC Special Case No. 3 of 2019. 3. The Applicant was arraigned as Accused No. 1 in MCOC Special Case Bhalerao 1 SWEETY RAJU BHALERAO Digitally signed by SWEETY RAJU BHALERAO Date: 2026.09.07 18:24:24 +0530 IA-1314-2026.docx 4 of 2018 @ 3 of 2019. The Applicant was arrested on 7th October 2015. After conclusion of the trial, the Applicant along with other co-accused were convicted for the offences punishable under Section 120(B) read with 385 read with 34 of the IPC and sentenced to suffer S.I. for 2 years and fine of Rs. 500/- and in default to suffer simple imprisonment for 3 months each. The Applicant along with other co-accused were acquitted from the offences punishable under Section 387, 452, 465, 468, 471 read with 34 of the IPC and also under Section 3(I)(ii), 3(2) and 3(4) of the MCOC Act. 4. Against the order of conviction, the Applicant has preferred an appeal before this Court, being Criminal Appeal No. 443 of 2021 and against the order of acquittal, the Respondent CBI has preferred an appeal before this Court, being Criminal Appeal No. 16 of 2024. Both the appeals are pending before this Court. 5. The Learned Counsel for the Applicant submitted that at the time of arrest of the Applicant, the Investigating Officer had seized certain articles, which were found on his person and panchanama to that effect was also drawn. The learned counsel also invited attention of this Court to the evidence of PW-34, the Investigating Officer, who deposed about the recovery of the articles during the personal search of the Applicant. The Learned Counsel for the Applicant submitted that the Special Court, while convicting the Applicant, in para 4 of the operative part of the order, was Bhalerao 2 IA-1314-2026.docx pleased to observe that the property, i.e. the wristwatch (Article 13), golden chain (Article 16), golden chain (Article 19), golden bracelet (Article 22), 4 golden rings (Article 25 collectively), golden bracelet (Article 28) and 1 ring (Article 31), be returned to Accused No. 1 after the appeal period is over. 6. The Learned Counsel also submitted that the Applicant is in dire need of these gold ornaments as his financial condition is bleak and that his two sons want to pursue their higher studies and therefore if the gold ornaments are returned to him, he can utilise the amount for the same. The Learned Counsel further submitted that the Applicant had preferred an application before the trial court for return of the property however the same was rejected as the appeal is pending before this Court. 7. The CBI has also filed its reply. The CBI, in its reply has fairly not opposed the reliefs claimed by the Applicant in the application and has prayed that this Hon’ble Court be pleased to pass an appropriate order, subject to conditions being imposed. 8. We have perused the application and the reply filed by the CBI. We do not find any reason to deny the relief to the Applicant pending the appeal. The evidence of PW-4 Investigating Officer shows that the said articles were recovered from the person of the Applicant and even the Trial Court has directed that the same be handed over to the Applicant after the appeal period is over. It is not the case that the Respondent CBI that the seized Bhalerao 3 IA-1314-2026.docx ornament/articles are part of any crime or that the Applicant is convicted for the offence of extortion. We are therefore inclined to allow the application. Accordingly, the application is allowed subject to following conditions: ORDER (i) The application is allowed in terms of prayer clause (b) which is as under: “(b) To return the jewelleries seized from his person at the time of arrest vide Panchanama Exhibit 117 in MCOC Special Case No. 4 of 2018 along with MCOC Special Case No. 3 of 2019 from the file of Learned Special Judge (MCOC), Mumbai being wristwatch (Article 13), gold chain (Article 16), gold chain (Article 19), gold bracelet (Article 22), another gold bracelet (Article 28), four golden rings (Article 25) and one ring (Article 31), presently lying in the custody of the Registrar, Special Court for MCOC, Sessions Court at Greater Bombay on such terms and conditions as this Hon’ble Court shall deem fit and proper.” (ii) The Registrar, Special Court for MCOCA, Sessions Court at Greater Bombay, shall before return of the articles mentioned in prayer clause (b), ensure that valuation of the gold ornaments is done and proper photographs of the same are taken and the same are preserved. iii) The Applicant shall file an undertaking, that in the event, at the conclusion of the Appeal, it is directed by this Court that the aforementioned articles be deposited in the court, Bhalerao 4 IA-1314-2026.docx the Applicant shall return the same within a period of 15 days. The Undertaking of the Applicant shall also state that in the event the Applicant is not in a position to return/deposit the gold ornaments, an amount equivalent to the amount arrived at in the valuation report will be deposited in the Court. The filing of such an Undertaking shall be a condition precedent for handing over of the articles. 9. Accordingly, the application is disposed of in the above terms. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Bhalerao 5