Application filed to release property attached as the accused was treated absconding. Court held that since the applicant was acquitted in a related appeal, the property must be released.
Property attached on declarations of absconding is to be released to the applicant.
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FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.
Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.
CRIMINAL APPLICATION NO. 2376 OF 2015 IN APEAL/343/2012
GORAKH KISAN MHASKE VERSUS
THE STATE OF MAHARASHTRA
Advocate for Applicant : Mr. R. A. Jaiswal, advocate h/f Mr. Ghanekar Nilesh S. APP for Respondent: Mr. S. A. Ambad.
CORAM: T. V. NALAWADE, J. DATED: 25th JUNE, 2015.
PER COURT:
attached by declaring the applicant as absconding accused. Learned counsel for the Applicant submitted that the applicant came to be acquitted in this Court in Criminal Appeal No.343 of 2012 by decision dated 21st April, 2015. He made a statement that the applicant had surrendered before lower Court on 17th December, 2014. Direction was given by this Court to take steps for proclamation and attachment on 13th December, 2013 in
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view of provision of section 85 of Cr.P.C. The Applicant is placing reliance on the case of “ Vimalben Ajitbhai
Patel V/s Vatslaben Ashokbhai Patel ” reported in (2008) 4 SCC 649. This Court holds that the property needs to be released.
[T. V. NALAWADE, J.]
Dt.25/06/2015 ans/2376
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1 issue framed by the court
Whether the property attached due to the alleged absconding of the accused should be released since he has been acquitted.
Colour shows how this judgement treated each authority
Vimalben Ajitbhai Patel V/s Vatslaben Ashokbhai PatelRelied on¶1
(2008) 4 SCC 649 · Who else cites this
1 provisions across 1 enactments
Gorakh Kisan Mhaske
The State of Maharashtra
T. V. Nalawade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
