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Bombay High Court

Shantanu Dnyaneshwar NisalversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The revision application is allowed; the lower court’s order rejecting the release of the vehicle is quashed and the car is to be returned to the applicant upon furnishing an indemnity bond.

Summary

The applicant, Shantanu Dnyaneshwar Nisal, filed a criminal revision seeking the release of his Toyota Fortuner seized by police in a case under the Maharashtra Control of Organised Crime Act (MCOCA). The prosecution alleged that the vehicle, without a number plate, was used by a co-accused to flee the scene of a murder attempt and in other offences. The applicant contended he was not arraigned, the FIR did not mention the car, and he needed it for personal and family use, offering to produce it before the Sessions Judge on an indemnity bond. The High Court observed that the applicant was not an accused, the vehicle was merely evidence, and an indemnity bond would safeguard its availability for trial. Consequently, the Court allowed the revision, quashed the lower court’s order, and ordered the car returned to the applicant upon furnishing an indemnity bond.

Issues considered

  • Whether a vehicle seized as evidence in a MCOCA case can be released to its owner who is not an accused, pending trial
  • Whether the absence of the vehicle’s mention in the FIR and the applicant’s non-arraignment justify its release

Legislation cited

Subjects

  • criminal revision
  • seizure of property
  • MCOCA
  • evidence
  • indemnity bond
  • property release

Judgment

                                                                                            45-REVN-445-2026 (CR).doc


                              N.S.Kamble


                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION

                                       CRIMINAL REVISION APPLICATION. NO. 445 OF 2026

                              Shantanu Dnyaneshwar Nisal                  ...Applicant
                              Versus
                              The State of Maharashtra                    ...Respondent
                              ____________________________________________________________
                              Mr.Mihir Kasliwal (Through VC) a/w Mr.Mahesh Pawar, for the Applicant.
                              Ms.R.D. Humane, APP for Respondent-State.
           Digitally signed
NILAM   by NILAM
        SANTOSH
                              ____________________________________________________________
SANTOSH KAMBLE
KAMBLE Date: 2026.09.17
           10:54:25 +0530                                        CORAM : SHIVKUMAR DIGE, J.
                                                                 DATE            : 16th SEPTEMBER, 2026

                              P.C. :

                              .              The challenge in this Revision Application is to the impugned

                              order dated 29th July 2026 passed below Exhibit-1 in Criminal M.A. No.38

                              of 2026, by learned Additional Sessions Judge, Nashik, whereby the

                              Application filed by the Applicant for release of the property i.e. Toyota

                              Fortuner car bearing No.MH-15-HZ-0072 is rejected.

                              2.             It is prosecution’s case that on 5th October 2025 the co-accused

                              tried to kill the injured on the ground of the financial dispute. It is alleged

                              that the car of present Applicant was used by co-accused to flee away from

                              the incident spot. At the time of incident, the said car was without number

                              plate and it was used for extortion in other matters and provisions of the




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N.S.Kamble


Maharashtra Control of Organised Crime Act, 1999 (‘MCOCA Act’ for

short) is applied in the present case.

3.           It is contention of learned counsel for the Applicant that the

Applicant has not been arraigned as an accused in the present crime. The

vehicle seized from the house of the Applicant. In the FIR there is no

reference of the car. The Applicant is ready to produce the said car before

the learned Sessions Judge as and when required. The Applicant needs the

car for personal use and for family purpose. He is owner of the car and

requested to allow the Application.

4.           It is contention of learned APP that the said car was used in the

present crime it was without number place. It was used in other offences

also. It is part of the evidence. If the said car is released, the Applicant may

dispose it off. The learned Judge has passed well reasoned order and no

interference is required in it and requested to reject the Application.

5.           I have heard both learned counsel.

6.           The Applicant is not accused in the present crime. It is alleged

that the said car was used in the present crime and was used in other crimes

also. The Applicant is owner of the said car. It is alleged that it was used by

Accused No.18 in the present crime. The Applicant needs the car for

personal use and for family purpose. The car is stationed in Police station, if


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N.S.Kamble


it is not used it will get damaged. If the indemnity bond taken by the

applicant to produce the said car as and when required before learned

Sessions Judge would suffice and I pass following order.

                                  ORDER

             (i)      The Application is allowed.

             (ii)     The impugned order dated 29th July 2026 passed by

             learned Seesions Judge, Nashik is quashed and set aside

             (iii)    The vehicle Toyota Fortuner car bearing No.MH-15-

             HZ-0072,     Variant 2.8L 2WD 6MT, be returned to the

             Applicant with furnishing Indemnity Bond.

             (iv)     All pending Applications are disposed of.



                                                (SHIVKUMAR DIGE, J.)




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