Madhya Pradesh High Court
Taiyab Khan vs The State Of Madhya Pradesh on 8 May, 2018
THE HIGH COURT OF MADHYA PRADESH
M.CR.C. No.-13010-2018
(TAIYAB KHAN Vs STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 08-05-2018
Shri A.K. Singh, learned counsel for the petitioner.
Shri S.D. Khan, learned G.A for the respondent/State.
Heard.
The vehicle Truck, bearing Registration No. UP 50 BT/1425, has been seized, in connection with Crime No. 349/2017, by Police Station-Bahri, District-Sidhi, for illegally transporting the sand from the Sone-Ghadiyal Range of the Reserved Forest Area, for offence under Sections 379, 414/ 34 of the IPC, Section 4/21 of the Mines and Mineral Act, Sections 3, 4 of the Public Properties Prevention of Damages Act, Section 15 of the Environmental Protection Act, Sections 27, 29, 39(d), 51 of Wild Life Protection Act and Sections 2, 41, 52 of Indian Forest Act, Applicant's application for release of the vehicle on Superdnama was dismissed by the JMFC Sidhi, on 18.01.2018. Subsequent filing of Criminal Revision was also dismissed by the Special Judge (SC/ST) Prevention of Atrocities Act, Sidhi on 16.03.2018. Therefore, this application under Section 482 of the Cr.P.C.
On behalf of the respondent/State, application is opposed vehemently.
Considering the fact that trial would take considerable time and the law laid down by the Apex Court in the case of State of M.P. & Others Vs. Madhukar Rao, (2008) 14 SCC 624, that the vehicle can be released on supurdnama till the criminal case is finally disposed of, the vehicle could be released on supurdginama.
As vehicle is kept in open under the sun and rain it would subject to damage, the same can be released on supurdnama. In this regard reference can be made to the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, AIR 2003 SC 638. This application is allowed.
THE HIGH COURT OF MADHYA PRADESH M.CR.C. No.-13010-2018 (TAIYAB KHAN Vs STATE OF MADHYA PRADESH) 2 The Truck bearing registration No. UP 50 BT/1425 be released to the petitioner on Supurdnama subject to production of the original Registration Certificate and Insurance Certificate and on satisfying the following conditions:-
(i) The petitioner shall furnish a Bank Guarantee of Rs.5,50,000/-
(Rupees Five Lacs Fifty Thousand) [as has been held in the case of State of Karnataka Vs. K. Krishnan, (2000) 7 SCC 80] and superdnama in the sum of Rs.12,50,000/- (Rupees Twelve Lacs Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court on an undertaking to produce the said vehicle before the trial Court as and when required.
(ii) The petitioner shall not transfer/sale/alienate or create third party interest in respect of vehicle in question without the permission of trial Court.
(iii) The petitioner will not change the parts, colour or machinery, except for necessary repairs for smooth running of the vehicle.
(iv) The petitioner will produce the vehicle at his own expenses as and when directed to be produced.
(v) The petitioner shall not use the vehicle for any similar offence.
(vi) If the above conditions are breached, learned trial Court may forthwith pass an order for seizure of the vehicle and proceed in accordance with law.
(vii) The petitioner shall get the vehicle photographed showing the registration number as well as the chassis number of vehicle in question. Such photograph shall be taken in the presence of the responsible officer who will be deputed by the trial court and to be kept in the file of the case.
(viii) The petitioner will produce the vehicle as and when required by the trial Court during the trial till disposal of the criminal case as well as by the confiscating authority till final disposal of the confiscation proceeding pending, if any.
THE HIGH COURT OF MADHYA PRADESH M.CR.C. No.-13010-2018 (TAIYAB KHAN Vs STATE OF MADHYA PRADESH) 3
(ix) The petitioner shall not allow the vehicle to be used for any anti social activities.
(x) In the event of confiscation order by the Court competent, the petitioner shall keep the vehicle present positively for confiscation.
Accordingly, this petition is disposed of. C.C as per rules (Sushil Kumar Palo) Judge kundan Digitally signed by KUNDAN SHARMA Date: 2018.05.14 04:46:36 -07'00'