JUDGMENT 1. In the aforesaid appeal, an application has been filed under Section 451/457 Cr.P.C. by applicant Ankush Sen S/o Late Shri Madan Lal Sen, R/o Shahpura District Bhilwara in which it is prayed that the applicant is the legal heir of the deceased Madan Lal. 2. In the aforesaid appeal, the accused Fakruddin and Vaheed Mohammed were convicted for committing murder of the father of the applicant Madan Lal vide judgment dated 22.10.2011. 3. Learned counsel for the applicant submits that during investigation, gold and silver jewellery/ornaments of deceased Madan Lal, father of the applicant, were recovered and while deciding the case, the learned Addl. Sessions Judge, Shahpura, District Bhilwara specifically observed in Para No.103 of the judgment dated 22.10.2011 that recovered articles may be handed over to the legal heirs of the deceased Madan Lal after expiry of limitation period of the appeal. The description of which has been mentioned in the Fard Baramadgi. 4. According to learned counsel for the applicant, the applicant is entitled for custody of all the recovered/seized property being the legal heir of deceased Madan Lal because there were four members in the family of the deceased Madan Lal i.e., (1) Madan Lal (deceased), (2) Smt Madhu Devi, Wife of the deceased Madan Lal, (3) Sunil, son of the deceased Madan Lal and (4) the present applicant Ankush Sen. 5. According to learned counsel for the applicant, the deceased Madan Lal was murdered in this case and his wife Smt. Madhu and son Sunil Sen were died on 04.04.2006, therefore, the applicant Ankush Sen is the only legal heir to get the custody of the silver and gold ornaments, therefore, order may be passed to release the seized property to the applicant, who is the only legal heir of the deceased Madan Lal being son. 6. Upon application, the learned Public Prosecutor is directed to obtain report from the concerned Police Station with regard to the correctness of the facts about legal heirs of the deceased Madan Lal. 7. In pursuance of the aforesaid directions, the learned Public Prosecutor submitted a communication dated 07.11.2016 sent by the SHO Police Station Shahpura, District Bhilwara in which it is reported that the applicant Ankush Sen is the only legal heir of the deceased Madan Lal. 7. In pursuance of the aforesaid directions, the learned Public Prosecutor submitted a communication dated 07.11.2016 sent by the SHO Police Station Shahpura, District Bhilwara in which it is reported that the applicant Ankush Sen is the only legal heir of the deceased Madan Lal. Along with communication dated 07.11.2016, other documents are annexed to satisfy query of the Court with regard to legal heir of the deceased Madan Lal. The communication dated 07.11.2016 is hereby taken on record. The Public Prosecutor is not disputing the fact that the applicant Ankush Sen is the legal heir of the deceased. 8. In view of the above, the application filed by the applicant Ankush Sen, being the legal heir of the deceased Madan Lal is hereby allowed and it is ordered that the recovered property which is silver and gold jewellery and watches originally belong to the deceased Madan Lal may be released in favour of applicant Ankush Sen S/o Late Shri Madan Lal, upon furnishing Supardaginama in the sum of Rs.5,00,000/- with one surety of likeamount to the satisfaction of Addl. Sessions Judge, Shahpura District Bhilwara upon usual conditions.Application allowed. *******