Rajasthan High Court - Jodhpur
Chandan Singh vs State Of Rajasthan on 22 June, 2021
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
(1 of 8)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 289/2021
Gopal Singh S/o Kan Singh, Aged About 40 Years, B/c
Rajpurohit, R/o Village Safed Aakda, Barmer Gadan, Barmer,
Rajasthan.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Revision Petition No. 290/2021
Chandan Singh S/o Sata Ram, Aged About 40 Years, R/o Village
Dhanne Ki Dhani, Tehsil Gudamalani, Barmer, Rajasthan.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Revision Petition No. 292/2021
Purkha Ram S/o Harlal Ram, Aged About 40 Years, B/c Jat, R/o
Village Kawas, Tehsil Baytu, Barmer.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Revision Petition No. 294/2021
Keva Ram S/o Maga Ram, Aged About 50 Years, B/c Kalbi, R/o
Village Dedawas Jagir, Tehsil Gudamalani, Barmer, Rajasthan
Through Its Power Of Attorney Holder Mehara Ram S/o Mana
Ram, Age 42 Years, B/c Jat, R/o Village Sarnu, Tehsil Barmer.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Revision Petition No. 296/2021
Bhaga Ram S/o Mohan Lal, Aged About 40 Years, R/o Village
(Downloaded on 23/06/2021 at 08:20:03 PM)
(2 of 8)
Madawa, Tehsil Chotan, Barmer, Rajasthan.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Ms. Prabha Choudhary & Mr.
Siddharth Karwasra, on VC
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
(VACATION JUDGE) Order 22/06/2021 In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned.
In S.B. Criminal Revision Petition No. 289/2021
1. The petitioner has preferred this criminal misc. petition praying that the order dated 01.03.2021 passed by learned Special Judge, SC / ST (Prevention of Atrocities Act Cases), Barmer in Sessions Case NO.337/2017 (103/17), be set aside, whereby the said Court refused to release the vehicle Bolero bearing registration No.RJ-04-GB-3299 to the petitioner. The said vehicle was seized in connection with CR No.192/2017 registered at P.S. Sadar, Barmer for the offence under Section 407, 420 & 120-B of IPC and Section 3/7 of Essential Commodities Act.
2. The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the vehicle in question and the same is case property. The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. (Downloaded on 23/06/2021 at 08:20:03 PM) (3 of 8) 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.
3. Learned counsel for the respondents is not in a position to refute the above position.
4. Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), the present misc. petition is allowed and the trial court is directed to release the vehicle Bolero bearing registration No.RJ-04-GB-3299 on supardaginama in favour of petitioner on usual conditions, which the trial court deems fit, provided he furnishes a bank guarantee of Rs.2,50,000/- with the trial court.
5. Needless to say, trial court shall make verification that the petitioner is a registered owner of the vehicle. In S.B. Criminal Revision Petition No. 290/2021:-
1. The petitioner has preferred this criminal misc. petition praying that the order dated 01.03.2021 passed by learned Special Judge, SC / ST (Prevention of Atrocities Act Cases), Barmer in Sessions Case NO.337/2017 (103/17), be set aside, whereby the said Court refused to release the vehicle Diesel Tankers bearing registration No.RJ-04-GB-0722 to the petitioner.
The said vehicle was seized in connection with CR No.191/2017 registered at P.S. Sadar, Barmer for the offence under Section (Downloaded on 23/06/2021 at 08:20:03 PM) (4 of 8) 407, 420 & 120-B of IPC and Section 3/7 of Essential Commodities Act.
2. The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the vehicle in question and the same is case property. The learned counsel for the petitioner 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.
3. Learned counsel for the respondents is not in a position to refute the above position.
4. Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), the present misc. petition is allowed and the trial court is directed to release the vehicle Diesel Tankers bearing registration No. RJ-04-GB-0722 on supardaginama in favour of petitioner on usual conditions, which the trial court deems fit, provided he furnishes a bank guarantee of Rs.5,00,000/- with the trial court.
5. Needless to say, trial court shall make verification that the petitioner is a registered owner of the vehicle.
In S.B. Criminal Revision Petition No. 292/2021
1. The petitioner has preferred this criminal misc. petition praying that the order dated 01.03.2021 passed by learned Special Judge, SC / ST (Prevention of Atrocities Act Cases), (Downloaded on 23/06/2021 at 08:20:03 PM) (5 of 8) Barmer in Sessions Case NO.337/2017 (103/17), be set aside, whereby the said Court refused to release the vehicle Diesel Tankers bearing registration No.RJ-04-GA-4929 to the petitioner. The said vehicle was seized in connection with CR No.191/2017 registered at P.S. Sadar, Barmer for the offence under Section 407, 420 & 120-B of IPC and Section 3/7 of Essential Commodities Act.
2. The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the vehicle in question and the same is case property. The learned counsel for the petitioner 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.
3. Learned counsel for the respondents is not in a position to refute the above position.
4. Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), the present misc. petition is allowed and the trial court is directed to release the vehicle Diesel Tankers bearing registration No.RJ-04-GA-4929 on supardaginama in favour of petitioner on usual conditions, which the trial court deems fit, provided he furnishes a bank guarantee of Rs.5,00,000/- with the trial court.
5. Needless to say, trial court shall make verification that the petitioner is a registered owner of the vehicle. (Downloaded on 23/06/2021 at 08:20:03 PM)
(6 of 8) In S.B. Criminal Revision Petition No. 294/2021:-
1. The petitioner has preferred this criminal misc. petition praying that the order dated 26.02.2021 passed by learned Special Court, SC / ST (Prevention of Atrocities Act Cases), Barmer in Sessions Case NO.337/2017 (103/17), be set aside, whereby the said Court refused to release the vehicle Diesel Tankers bearing registration No.RJ-04-GB-0692 to the petitioner.
The said vehicle was seized in connection with CR No.191/2017 registered at P.S. Sadar, Barmer for the offence under Section 407, 420 & 120-B of IPC and Section 3/7 of Essential Commodities Act.
2. The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the vehicle in question and the same is case property. The learned counsel for the petitioner 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.
3. Learned counsel for the respondents is not in a position to refute the above position.
4. Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), the present misc. petition is allowed and the trial court is directed to release the vehicle Diesel Tankers bearing registration No.RJ-04-GB-0692 on supardaginama in favour of petitioner on usual conditions, which the trial court deems fit, provided he furnishes a bank guarantee (Downloaded on 23/06/2021 at 08:20:03 PM) (7 of 8) of Rs.5,00,000/- with the trial court.
5. Needless to say, trial court shall make verification that the petitioner is a registered owner of the vehicle.
In S.B. Criminal Revision Petition No. 296/2021 :-
1. The petitioner has preferred this criminal misc. petition praying that the order dated 01.03.2021 passed by learned Special Court, SC/ST (Prevention of Atrocities Act Cases), Barmer in Sessions Case NO.337/2017 (103/17), be set aside, whereby the said Court refused to release the vehicle Swift Car bearing registration No.RJ-04-CA-8080 to the petitioner. The said vehicle was seized in connection with CR No.191/2017 registered at P.S. Sadar, Barmer for the offence under Section 407, 420 & 120-B of IPC and Section 3/7 of Essential Commodities Act.
2. The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the vehicle in question and the same is case property. The learned counsel for the petitioner 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.
3. Learned counsel for the respondents is not in a position to refute the above position.
4. Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), the present misc. (Downloaded on 23/06/2021 at 08:20:03 PM)
(8 of 8) petition is allowed and the trial court is directed to release the vehicle Swift Car bearing registration No.RJ-04-CA-8080 on supardaginama in favour of petitioner on usual conditions, which the trial court deems fit, provided he furnishes a bank guarantee of Rs.2,50,000/- with the trial court.
5. Needless to say, trial court shall make verification that the petitioner is a registered owner of the vehicle.
(DR.PUSHPENDRA SINGH BHATI),VJ.
56-60/Sanjay/Jitender//-
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