Madhya Pradesh High Court
Arjun Prasad Dwivedi vs The State Of Madhya Pradesh on 19 February, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-5518-2018
(ARJUN PRASAD DWIVEDI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 19-02-2018
Shri Dhirendra Singh Parihar, learned counsel for the petitioner.
Shri C.K. Mishra, learned Government Advocate for the
respondent/State.
Heard.
sh This petition under Section 482 of Cr.P.C. has been filed to assail the order dated 21.11.2017 passed by Special Judge of ST/ST e ad (PA) Sidhi District-Sidhi in revision case No. 196/2017, whereby order dated 19.07.2017 passed by JMFC, Sidhi, District-Sidhi in Crime No. 153/2017 has been affirmed. Pr a Learned JMFC refused to release the tractor bearing No. hy MP53AA-5357 & trolly No. MP53AA-5356 has been seized for ad illegal transport of sand from the reserved forest area in connection with crime No. 151/2017 registered at Police Station-Bahri, District-
M Sidhi, offences under Sections 379, 414 of IPC and Sections 27, 29, 39 of & 51 of Wild Life Protection Act.
The petitioner claimed that he is the registered owner of the rt tractor and the trolly. The petitioner submits that if the tractor is kept ou in open at the police station, it will be rusted and decayed for disposal C of the case would take considerable time, therefore, the vehicle be released to the applicant. h ig Learned counsel for the respondent/State opposed the H contentions raised by the counsel for the petitioner. Allegedly, the tractor and the trolly were being loaded with sand.
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. 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 also be made to the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, AIR 2003 SC 638.
This application is allowed. The truck bearing registration MP53AA-5357 & trolly No. MP53AA-5356 be delivered to the petitioner on Supurdnama subject to producing of the original Registration Certificate and Insurance Certificate and on satisfying the following conditions:-
(i) The petitioner shall furnish a Bank Guarantee of Rs.
2,00,000/- (Rupees Two Lac Only) (as has been held in the case of State of Karnataka Vs. K. Krishnan, (2002) 7 SCC 80 and personal bond in the sum of Rs. 4,00,000/- (Rupees Four Lac Only) with one solvent surety in the like amount to the satisfaction of the trial Court sh on an undertaking to procedure the said vehicle before the trial Court e as and when required.
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(ii) The petitioner shall not sell/transfer/alienate or create third Pr party interest of vehicle in question without the permission of trial Court.
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(iii) The petitioner will not change the parts, colour or hy machinery, except for necessary repairs for smooth running of the ad vehicle.
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(iv) The petitioner will produce the vehicle at his own expenses as and when directed to be produced.
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(v) The petitioner shall not used the vehicle for any similar offence.
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(vi) If the above conditions are breached, learned District ou Magistrate may forthwith pass an order for seize of the vehicle and C proceed in accordance with law. h
(vii) The petitioner shall get the vehicle photographed showing ig the registration number as well as the chasis number of vehicle in H 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 c criminal case as well as by the confiscating authority till final disposal of the confiscation proceeding pending, if any.
(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 Digitally signed by PALLAVI SINHA Date: 2018.02.21 16:22:47 +05'30' sh Pallavi e ad Pr a hy ad M of rt ou C h ig H