KALU BABASAHEB MUNJALversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:42058


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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                      CRIMINAL REVISION APPLICATION NO.228 OF 2026

                                         Kalu Babasaheb Munjal
                                                VERSUS
                 1. The State of Maharashtra, thr. Superintendent of Police, Ahilyanagar
                  2. The Police Investigating Officer, Shrirampur Taluka Police Station,
                                    Tq. Shrirampur, Dist. Ahilyanagar
                                                    …..
                 Mr Majit S. Shaikh, Advocate for Applicant
                 Ms B. B. Gunjal, APP for Respondents/State
                                                 …..
                                          CORAM : SUSHIL M. GHODESWAR, J.

                                               DATE : 07th SEPTEMBER 2026

                 P. C. :


                 1.           By this criminal revision application filed under Section

                 397 of Code of Criminal Procedure, the applicant is challenging the

                 impugned order dated 21/07/2026, passed by the learned Additional

                 Sessions Judge, Shrirampur, District Ahilyanagar, wherein his

                 application for interim custody of vehicle filed under Section 501 of

                 the Bharatiya Nagarik Suraksha Sanhita, 2023, for releasing his

                 vehicle, came to be rejected. The applicant is further praying for

                 releasing his vehicle in his favour.


                 2.           Applicant is the owner of a Tractor bearing registration

                 No.MH-17-CR-3422. The said tractor was allegedly used by the son
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of the applicant, namely, Laxmikant Kalu Munjal in Crime No.

528/2025. The said crime came to be registered with Shrirampur

Taluka Police Station, Shrirampur, Dist. Ahilyanagar for the offences

punishable under Sections 109, 132, 352, 351(2)(3), 121(1)(2), 303(2)

of the Bharatiya Nyaya Sanhita, 2023; under Sections 3 and 15 of the

Environment (Protection) Act, 1986 and under Sections 39, 192(1),

and 3/181 of the Motor Vehicles Act, 1988.


3.           The aforesaid crime came to be registered on the basis of

report lodged by Police Constable Ajit Ashok Patare on 25/12/2025 at

about 3:41 p.m at Kamlapur, Taluka Shrirampur on the ground that

accused Laxmikant Kalu Munjal (son of applicant) has driven the

tractor over the person of the complainant and the Head Constable

Pralhad Salve, causing serious injuries to them. The complainant and

the said Head Constable Pralhad Salve were conducting an inquiry as

regards theft of sand, which was found in the trolley of the said tractor,

without a valid transit pass. The son of the applicant was driving the

tractor without license.     He had not submitted any documents

regarding the sand, and while the complainant and Head Constable

Pralhad Salve were investigating the case, at that time, son of the

applicant allegedly has driven this tractor on them, causing them

serious injuries.
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4.           In pursuance of the aforesaid incident, the FIR bearing

C.R.No.528/2025 came to be registered immediately, and the son of

the applicant, namely Laxmikant, came to be arrested. The vehicle i.e.

tractor along with its trolley, came to be seized in front of the two

panchas. The trolley of the said vehicle was filled with sand. The

further investigation was conducted. The clothes of the accused as

well as the complainant came to be seized. The statements of the

witnesses came to be recorded. The medical certificate of the injured

also came to be obtained. After completing investigation, the charge-

sheet came to be filed against the accused under the aforesaid sections.

Later on, the son of the applicant came to be released on bail. Even

the trolley in question, which was attached to the tractor also came to

be handed over to the applicant. However, the tractor which is seized

by the police, is currently lying idle at the police station which was

referred to be handed over to applicant. Therefore, the applicant has

filed this revision application.

5.           Heard learned Advocate Mr Shaikh for the applicant and

learned APP Ms Gunjal for respondent/State.

6.           Learned Advocate for the applicant submits that the

applicant, being the owner of the said tractor, has approached to the

learned Additional Sessions Judge, Shrirampur, for releasing the said
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vehicle on Supradnama in Special Case No.11/2026 by filing

application under Section 501 of the BNSS. However, learned

Sessions Court rejected his application vide the impugned order dated

21/07/2026.


7.            Learned Advocate for the applicant then submits that the

applicant produced the documents pointing out his ownership as

regards the tractor before the learned Sessions Court.       He further

submits that, the tractor is essential for his agricultural work and the

transportation of agricultural produce.      He then submits that the

applicant’s livelihood depends entirely upon the said tractor and

learned Sessions Court has not considered this while passing the

impugned order. He further submits that, if the said vehicle is not

released, the applicant will suffer irreparable loss, making it extremely

difficult for him to meet his day-to-day expenses. He further submits

that, if the vehicle is released, same shall be produced as and when

required and directed by the learned Court. He, therefore, submits that

this revision application may be allowed and the vehicle of the

applicant may be directed to be released.


8.            Per contra, learned APP submits that the vehicle is used in

the crime. The sessions trial is still pending. The vehicle, if released,
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may not be made available by the accused, if required by the Trial

Court in its proceedings, in future. The accused, who is son of the

applicant, is having previous antecedents, and he is committing similar

offences again and again. Thus, the learned APP strongly opposes the

instant revision application and prays for rejection of the same.


9.           After hearing the learned Advocates for the parties and

going through the material placed before this Court, I have come to the

conclusion that, since the vehicle in question is lying idle at the police

station, and it is in nobody's interest for it to remain there idle, it can

be safely directed to be released in favour of the applicant. A tractor is

an essential vehicle for every agriculturist, as their day-to-day

expenses depend entirely upon the income derived from it.            With

regard to the objection raised by the learned APP, strict conditions can

be imposed upon the applicant for the purpose of releasing the vehicle,

thereby ensuring its availability, if required by the Trial Court in the

future. Even otherwise, the vehicle was allegedly used by the son of

the applicant, and the applicant has no criminal antecedents. It must

also be noted that the applicant has undertaken to produce the vehicle

in future, as and when required, if it is released. Hence, on the same

conditions, the instant application deserves to be allowed by putting

strict conditions. Hence, I pass the following order :-
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                                ORDER

(I)          The criminal revision application is allowed.

(II)         The impugned order dated 21/07/2026, passed by the

learned Additional Sessions Judge, Shrirampur, District Ahilyanagar, is

hereby quashed and set aside.

(III)        The vehicle (Tractor) bearing registration No. MH-17-

CR-3422 be released on executing a P.R. bond of Rs.15,000/- in favour

of the applicant.

(IV) The applicant shall furnish undertaking before the Trial Court

that, as and when directed and required by the Trial Court, he shall

produce the said vehicle. The applicant shall also undertake that he

shall not sell, change or alter the nature or structural design of the

vehicle. It is also to be submitted by the applicant in the form of

undertaking that the said vehicle shall not be used in any crime in

future.


             The criminal revision application is disposed of in view of

the aforesaid terms.



                                    [SUSHIL M. GHODESWAR, J.]

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