Madhya Pradesh High Court
Rocky Verma (Deid) Thr. His Legal Wife ... vs The State Of Madhya Pradesh on 24 February, 2021
Author: Anjuli Palo
Bench: Anjuli Palo
1 MCRC-5620-2021
The High Court Of Madhya Pradesh
MCRC-5620-2021
(ROCKY VERMA (DEID) THR. HIS LEGAL WIFE SMT. JULI VERMA Vs THE STATE OF MADHYA
PRADESH)
3
Jabalpur, Dated : 24-02-2021
Mr.Bhoop Singh, learned counsel for the petitioner.
Ms.Shikha Baghel, learned Panel Lawyer for the respondent/State.
This petition under section 482 of the Code of Criminal Procedure has been filed by the petitioner against order dated 05.11.2020 passed by Second Additional Sessions Judge, Sihora, District Jabalpur whereby the application for releasing the vehicle (Maruti Ertiga bearing registration No.MP-20/CD-6538) on 'supurdnama' has been rejected.
A s per prosecution case,the offence under section 8/20 of NDPS Act has been registered against the applicant. The applicant has already died. In place of the applicant her wife has already been substituted. The vehicle in question was involved in the commission of offences in question, therefore, the Police seized the same in connection with Crime No.36/2020 registered at Police Station, Sihora, District Jabalpur.
The petitioner filed an application under section 457 of the Code of Criminal Procedure before the trial Court for release of aforesaid vehicle on 'supurdnama', which was dismissed by the trial Court vide impugned order.
Learned counsel for the petitioner submits that deceased Rocky Verma (husband of the petitioner) was a registered owner of vehicle (Maruti Ertiga bearing registration No.MP-20/CD-6538.The registration certificate of the vehicle has been annexed The trial is going on, which will take considerable time to conclude. It is further submitted that if the vehicle is allowed to stand idle and unsafe in open, the same may get damaged, decayed and rusted if the same is not released for use. The petitioner is ready to furnish adequate undertaking and abide by the conditions, which may be imposed by this Court.
Learned Panel Lawyer has opposed the prayer.
Considering that trial would take considerable time for disposal of the case and if the vehicle is allowed to stand in open under sun and rain, it would be subjected to rust and damage, the impugned order dated 05.11.2020 is set aside. The vehicle (Maruti Ertiga bearing registration No.MP-20/CD-6538, Engine No.D13A2181168 2 MCRC-5620-2021 and Chasis No.MA3FLEB1S00191973) be released and given on interim custody in favour of the wife of the petitioner on 'supurdginama' subject to producing original registration, sale letter and such other necessary documents and on satisfying the following conditions:-
( i ) The wife of the petitioner shall furnish a personal bond in the sum of Rs.5,00,000/-(Rupees Five Lacs Only) 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 wife of the petitioner shall get the vehicle photographed showing the registration number as well as the chassis number of the vehicle. Such photographs 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.
(iii) The personal bond of the wife of the petitioner as well as surety shall carry the photographs of both and the bond of surety shall further carry the photograph of person identifying him before the Court which would be with full residential proof of the surety and the person identifying him.
(iv) The wife of the petitioner shall undertake not to transfer the ownership of the vehicle and shall not lease it to anyone and not make or allow any changes in it to be made so as to make unidentifiable.
(v) The wife of the petitioner will not allow the vehicle to be used in any anti- social activities.
(vi) In the event of confiscation order by the Court competent, the wife of the petitioner shall keep the vehicle present positively for confiscation.
With the aforesaid directions, this M.Cr.C. stands disposed of. A copy of this order be sent to the learned trial Court concerned for necessary compliance.
(SMT. ANJULI PALO) JUDGE RM Signature Not Verified SAN Digitally signed by RAJESH T MAMTANI Date: 2021.02.24 17:46:45 IST