Balo @ Ranjitbhai Ranabhai Vala vs State Of Gujarat on 30 July, 2020

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Gujarat High Court

Balo @ Ranjitbhai Ranabhai Vala vs State Of Gujarat on 30 July, 2020

Bench: A.J.Desai

        R/SCR.A/3132/2020                                      ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CRIMINAL APPLICATION NO.3132 of 2020

==========================================================
                  BALO @ RANJITBHAI RANABHAI VALA
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR CHINTAN S POPAT for the Applicant.
MS KRINA CALLA, APP for the Respondents.
==========================================================

 CORAM: HONOURABLE MR. JUSTICE A.J.DESAI

                                 Date : 30/07/2020
                                  ORAL ORDER

1. Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent.

2. By way of the present petition, the petitioner has sought release of Honda CB Shine Bike bearing Registration No.GJ- 32-J-5838.

3. Mr. Kotai, learned advocate appearing for the petitioner would submit that in pursuance of the FIR bearing C.R. No.III-77 of 2019 registered with Kodinar Police Station, the Investigating Officer has seized Honda CB Shine Bike bearing Registration No.GJ-32-J-5838, which is of the ownership of the petitioner. He would further submit that in view of the order dated 18.4.2019 passed by this Court in Special Criminal Application No.2455 of 2019 as well as order dated 12.6.2020 passed in Special Criminal Application No.7631 of 2019, the present application may be allowed and the vehicle in question may be released by imposing suitable terms and conditions.

4. Learned Additional Public Prosecutor has opposed this Page 1 of 3 Downloaded on : Fri Jul 31 00:14:41 IST 2020 R/SCR.A/3132/2020 ORDER application by stating therein that if the vehicle is released, it will be again used for crime and hence, considering the seriousness of the offence, the application may kindly be rejected.

5. I have heard learned advocates appearing for the respective parties and perused the FIR as well as orders passed by this Court, as well as perused the R.C. Book of the vehicle in question which shows that the petitioner is the owner of the said vehicle. Considering the overall facts and circumstances of the case, I am of the opinion that the application requires consideration and hence, the same is allowed. The apprehension of the learned Additional Public Prosecutor that the vehicle may be used in another offence is also taken care of by imposing suitable conditions. The vehicle i.e. Honda CB Shine Bike bearing Registration No.GJ-32-J-5838 is ordered to be released to the petitioner on the following terms and conditions :-

A) The petitioner shall execute a bond, within a period of two weeks from today, for the production of the vehicle so released, if and when required before the learned Trial Court.

B) The petitioner shall keep the vehicle in question in the same condition when it is delivered to him and shall not change the condition of the same;

C) The petitioner shall not sell or transfer or alienate the vehicle in question in any manner till the proceedings is pending;

D) An undertaking to the above effect be filed before the learned Trial Court.

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R/SCR.A/3132/2020 ORDER

6. If any of the above conditions is breached by the petitioner, the learned Trial Court is free to take suitable action in this regard. Rule is made absolute to the above extent.

Direct service is permitted. Registry is directed to communicate this order to the concerned Trial Court or Authority by fax / email message forthwith.

(A.J.DESAI, J.) DIPTI PATEL Page 3 of 3 Downloaded on : Fri Jul 31 00:14:41 IST 2020

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