Rajasthan High Court - Jaipur
Sayar Singh And Ors vs State Of Rajasthan Through Pp on 12 March, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
SB Criminal Misccellaneous (Petition) No. 411/2018
1. Sayar Singh S/o Bhairu Singh Rawat, R/o Near Mataji,
Khajpura, Ajmer, Registered Owner Of Dumper No. Rj-
01/gb-3050.
2. Prabhu Singh S/o Ganesh Singh, R/o Nadi Wala Kuwa,
Makhampura Ajmer Registered Owner Of Dumper No. Rj-
01/gb-3341.
3. Monu Tunwal S/o Mahadev Tunwal, R/o 1192 Boj Road
Badi Nagfani, Ajmer, Registered Owner Of Dumper No. Rj-
01/gb 8283.
4. Ugama Ram S/o Shri Prabhu, R/o Ratangarh, District
Ajmer, Registered Owner Of Jcb No. H 00148999 Chasis
No. H A R 3 D X S S T 02532979.
5. Mahendra Singh S/o Devi Singh, R/o Ward No.9,
Meghvanshi Mohallan, Ajmer, Registered Owner Of Tata
Lpg No. Rj-09/ga-6596.
6. Ashish Kumar S/o Roopchand Sharma, R/o 567 Kasari
Nadi Ward No.14, Registered Owner Of Damper No. Rj-
01/gb 0736.
7. Budh Singh S/o Mangal Singh, R/o Badiya Mili Gal, Near
Veshno Devi Ji Temple, Makhanpura, Ajmer, Registered
Owner Of Dumper No. Rj-26/gb-3120.
8. Prabhu Singh S/o Nagapit, R/o Motidar, Police Station
Pushkar Ajmer Registered Owner Of Damper No. Rj-
01/gb-2490.
----Petitioners
Versus
State Of Rajasthan Through Pp.
----Respondent
_____________________________________________________ For Appellant(s) : Mr. Kapil Prakash Mathur For Respondent(s) : Mr. NS Dhakad PP _____________________________________________________ HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Order (2 of 3) [CRLMP-411/2018] 12/3/2018 The present petition has been filed under Section 482 Cr.P.C., praying that the order dated 6.1.2018 passed by Additional Sessions Judge, No.3, Ajmer whereby the said court upheld the order dated 14.12.2017 passed by the Civil Judge and Judicial Magistrate, Pushkar be set aside, whereby both the courts refused to release vehicles, Dumper No. RJ 01 GB 3050, Dumper No. RJ 01 GB 3341, Dumper No. RJ 01 GB 8283, JCB No. H 00148999 Chasis No. HAR 3 DXS ST 02532979, TATA LPG No. RJ 09 GA 6596, Dumper No. RJ 01 GB 0736, Dumper No. RJ 26 GB 3120 and Dumper No. RJ 01 GB 2490 to the petitioners.
The learned counsel for the petitioners has stated at Bar that no confiscation proceedings are pending qua the aforesaid vehicles in question and the same are case property of case FIR No.0135/2017, registered at Police Station Pisangan, District Ajmer, for the offences under Sections 379, 342, 353 IPC and Section 4/21 of MMDR Act.
I have heard the learned counsel for the parties. The learned counsel for the petitioners has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283, to contend that the Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.
Taking the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), present petition is allowed and the trial court is directed to release the Dumpers and Engines as case property by imposing following conditions:-
(3 of 3) [CRLMP-411/2018]
a) That the petitioners shall keep the vehicle so released intact and shall not change its identification.
b) That the petitioners shall produce the vehicle as and when trial court requires the same for proposed identification of the case property.
c) That the petitioners shall execute Supurdaginama/indemnity bond and bonds by two sureties to the satisfaction of the trial court.
(d) The trial court is empowered to impose any or other conditions in the Supurdaginama/indemnity bond and surety bonds to be furnished by the petitioners and sureties, which it may deem fit.
Needless to say, trial court shall make verification that the petitioners are registered owner of the vehicle.
(KANWALJIT SINGH AHLUWALIA)J. Mak/-