Rajasthan High Court - Jaipur
Haneef S/O Chandra Khan B/C Muslim vs State Of Rajasthan Thrpugh Pp on 19 September, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5776/2018
Haneef S/o Chandra Khan B/c Muslim, R/o Hirwari Bhmatari Teh.
Firozpur, Jhirkha Dist. Nuhu Haryana
----Petitioner
Versus
1. State of Rajasthan thrpugh PP & Ors.
2. Shabnam W/o Late Munfed D/o Hakamdeen B/c Mev
Muslim, R/o Hirwadi P.S. Firozpur Jhirkha Dist. Nuhu
Mewat at present R/o Village Sulela PS Firozpur Jhirkha
District Nuhu Mewat Haryana.
3. Orix leasing and financial Services India Limited
registered Office 94], Marol co op industrial estate
Andheri Kurla road Andheri, East Mumbai, 400059,
Branch office Plot No. D-71/2, Rama road nazafgarh area
moti nagar new delhi through authorized signature
----Respondents
For Petitioner(s) : Mr. Arafat Husain For Respondent(s) : Mr. Prakash Thakuriya PP
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
-/Order/-
19/09/2018 The present petition has been filed under Section 482 Cr.P.C., praying that the order dated 20.6.2018 passed by Additional Chief Judicial Magistrate, No.12, Jaipur Metropolitan, Jaipur whereby the said court refused to release Truck bearing Registration No. RJ-14-GH-7920 to the petitioner. It is further prayed that the order dated 5.9.2018 passed by revisional court be also set aside.
2. The learned counsel for the petitioner has stated at Bar that the petitioner is the registered owner and no confiscation (2 of 2) [CRLMP-5776/2018] proceedings are pending qua the Truck and the same is case property of case FIR No.234/2018, registered at Police Station Kho-Nagoriyan, Jaipur City (East), Jaipur for the offence under Section 420 IPC.
3. I have heard the learned counsel for the parties.
4. 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.
5. Relying upon 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 Truck seized as case property by imposing following conditions:-
a) That the petitioner shall keep the Truck so released intact and shall not change its identification.
b) That the petitioner shall produce the Truck as and when trial court requires the same for proposed identification of the case property.
c) That the petitioner 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 petitioner and sureties, which it may deem fit.
Needless to say, trial court shall make verification that the petitioner is a registered owner of the vehicle.
(KANWALJIT SINGH AHLUWALIA),J Mak/-
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