Madhya Pradesh High Court
Daulat Parwani vs The State Of Madhya Pradesh on 1 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:26069
1 MCRC-4936-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE B. P. SHARMA
ON THE 1 st OF APRIL, 2026
MISC. CRIMINAL CASE No. 4936 of 2024
DAULAT PARWANI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Satya Prakash Mishra - Advocate for the petitioner.
Shri S.M. Patel - P.L for respondent/State.
WITH
MISC. CRIMINAL CASE No. 37461 of 2023
DAULAT PARWARNI
Versus
STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Satya Prakash Mishra - Advocate for the petitioner.
Shri S.M. Patel - P.L for respondent/State.
Shri Nishant Agrawal - Advocate for the objector.
ORDER
As the facts and issues involved in both the petitions are common, they are being heard together and are being disposed of by this common order. This order shall govern the disposal of both the petitions.
These petitions under Section 482 of CrPC, 1973 (Section 528 of BNSS, 2023) have been filed by the petitioner, being aggrieved by the order Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 4/2/2026 6:20:42 PM NEUTRAL CITATION NO. 2026:MPHC-JBP:26069 2 MCRC-4936-2024 dated 07.07.2023 passed by the learned XVIIIth Additional Sessions Judge, Bhopal in S.T. No.320/2023, whereby the application filed by the petitioner under Section 451 of Cr.P.C. for release of cash amounting to Rs. 4 lakhs, three motorcycles/moped (two-wheelers) and one mobile phone, which were allegedly purchased from the cash amount looted from him and seized from the accused persons, was rejected. The petitioner has prayed that the same be granted to him on Supurdnama.
2 . As per the prosecution case, on 25.01.2023, petitioner/complainant lodged an FIR at Police Station Bairagarh, District Bhopal stating that on 24.01.2023, after completing his day-long business activities, he closed his shop, carried cash in his bag and left for making collections from various customers. On the said date, whatever amount he received and collected from the customers, he kept in his business bag, which was placed in the dicky of his two-wheeler, namely Activa bearing registration No. MP-04-UJ-9754. After completing the collections, at about 09:15 PM, while returning to his home at Bairagarh and when he reached ahead of Kabristan Road near Hotel Golden Village on the main road, three unknown persons, all aged around 25 years and wearing masks, mufflers and caps, followed him on their motorcycles. One of them, who was sitting as a pillion rider, struck the petitioner on the left side with a stick ('danda'), due to which he lost balance and fell on the road, sustaining injuries on his left hand and both knees. Immediately thereafter, one of the unknown persons ran towards his vehicle (Activa), snatched it and fled away. The looted cash was kept in the dicky of the said Activa. Thereafter, the petitioner informed his brother and lodged the Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 4/2/2026 6:20:42 PM NEUTRAL CITATION NO. 2026:MPHC-JBP:26069 3 MCRC-4936-2024 report at Police Station Bairagarh regarding the commission of the offence. Accordingly, FIR No.34/2023 was registered on 25.01.2023 for the offence under Section 394 of IPC.
3. It is submitted by learned counsel for the petitioner that the petitioner, who is the complainant, is engaged in the business of tour and travels and also runs an M.P. Online shop in the name and style of "M/s. Amba Traders," situated at Shop No.15-A, Kakda, Abhinav Homes, near Ayodhya Bypass, Bhopal. The said firm is engaged in providing tour and travel packages and booking railway e-tickets. In the course of business, the petitioner collects amounts towards ticket fares and online transactions through various agencies, agents and individuals.
4. It is submitted that the during the investigation pertaining to FIR No.34/2023, the police arrested the accused persons and recorded their statements on 4th and 5 th February, 2023 under Section 27 of the Evidence Act. Arrest memos were prepared for the accused persons namely Arif s/o Irshad, Mohd. Altaf s/o Mohd. Rafiq, Javed Uddin s/o Nasuruddin, Mohd. Laeek s/o Mohd. Ateek, Sameer alias Babla s/o Abdul and Adnaan s/o Faruq. They disclosed that they had looted a total cash amount of Rs.8,30,000/- from the Activa of the petitioner and had used the said amount to purchase three motorcycles/moped and one mobile phone. The police seized Rs.4,00,000/- in cash and prepared the seizure memo. The police also seized three unregistered motorcycles/moped and one mobile phone of One Plus company. Thereafter, charge sheet was filed before the Court of JMFC, Bhopal on 01.05.2023 vide Charge Sheet No.01/2023.
Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 4/2/2026 6:20:42 PMNEUTRAL CITATION NO. 2026:MPHC-JBP:26069 4 MCRC-4936-2024
5. It is further submitted that upon perusal of the charge sheet, it is evident that one moped, purchased by accused Mohd. Altaf out of his share of Rs.1,70,000/- from the looted amount, was recovered and the said vehicle was without registration number. Similarly, one motorcycle without registration number and a mobile phone of One Plus company were seized from accused Sameer @ Babla, which were purchased from his share of Rs.1,70,000/-. Likewise, one more motorcycle without registration number was seized from accused Adnaan, which he had purchased from his share of Rs.1,70,000/- from the looted amount.
6. It is further submitted that the petitioner filed an application before the Judicial Magistrate First Class, Bhopal under Section 457 of Cr.P.C. for release of the seized cash amount of Rs.4,00,000/- and the aforesaid vehicles and mobile phone which were purchased from the looted amount. However, the said application was dismissed. Thereafter, the petitioner filed an application under Section 451 of Cr.P.C. before the Sessions Judge, Bhopal, which was also dismissed by the impugned order dated 07.07.2023 passed by learned 18th Additional Sessions Judge, Bhopal. The Court refused to grant interim custody (Supurdnama) of the aforementioned vehicles, mobile phone, and cash amount on the ground that the petitioner failed to produce and valid proof or evidence showing that he was in possession of Rs.8,30,000/-.
7. Learned counsel for the petitioner submitted that the trial Court committed an error in not appreciating the evidence on record, particularly the receipts indicating that the petitioner had collected an amount of Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 4/2/2026 6:20:42 PM NEUTRAL CITATION NO. 2026:MPHC-JBP:26069 5 MCRC-4936-2024 Rs.8,78,350/-. Out of this, Rs. 4,00,000/- was recovered from the accused persons and the remaining amount was used by them to purchase the motorcycles/moped (two wheelers) and mobile phone, which is evident from the seizure memo. Learned counsel further drew the attention of this Court to Annexure P/10 , which contains the receipts and a comparative chart (filed in M.Cr.C. No. 37461/2023 at page 7), demonstrating that the petitioner was in possession of Rs.8,78,350/- at the time of the alleged incident. It is, therefore, prayed that interim custody of the seized cash, vehicles and mobile phone be granted to the petitioner on Supurdnama.
8. On the other hand, learned counsel for the respondent/State as well as learned counsel for the objector opposed the petitions and submitted that the Trial Court as well as the Revisional Court have rightly rejected the petitioner's applications for interim custody of the seized property.
9. Heard learned counsel for the parties and perused the record.
10. Having heard learned counsel for the parties and upon perusal of the record, this Court prima-facie finds that the petitioner is the complainant and in the alleged incident a substantial sum and one Activa (two wheeler) were looted from the petitioner. The recovery of Rs.4,00,000/- in cash from the accused persons along with the seizure of three unregistered motorcycles/moped and one mobile phone of One Plus company allegedly purchased from the looted amount and purchased the same just after commission of offence, stands duly reflected in the seizure memos and the charge sheet filed by the prosecution.
11. At this stage, the Court is not required to conduct a detailed Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 4/2/2026 6:20:42 PM NEUTRAL CITATION NO. 2026:MPHC-JBP:26069 6 MCRC-4936-2024 inquiry into the title or ownership of the seized property. It is well settled that the object of Sections 451 and 457 of Cr.P.C. is to ensure that the property seized by the police is not kept in custody for an unnecessarily long period and is handed over to the person prima facie entitled to its possession, subject to appropriate safeguards.
12. In the present case, the petitioner has placed on record receipts and a comparative statement (Annexure P/10 ), which prima facie establish that he was in possession of a substantial amount at the relevant point of time. The recovery made from the accused persons further corroborates the version of the petitioner. Therefore, the finding recorded by the Courts below that the petitioner failed to establish possession appears to be overly technical and not in consonance with the settled principles governing interim custody of property. Further, keeping the seized vehicles in police custody would serve no useful purpose and there is every likelihood of deterioration in their condition. Similarly, the seized cash amount is also liable to be released to the petitioner, who is the victim of the alleged offence, subject to furnishing appropriate/adequate surety of the said amount.
13. Accordingly, in view of the aforesaid, the petitions are hereby allowed. The impugned order dated 07.07.2023 passed by Revisional Court i.e. learned XVIIIth Additional Sessions Judge, Bhopal as well as order dated 09.02.2023 passed by Trial Court are hereby set-aside. Hence, the Trial Court is directed to release the cash amount of Rs.4,00,000/-, three unregistered motorcycles (two-wheelers) [Bajaj Pulsar 125 CC bike having Chassis No.MD2B72BX5PCK45007 & Engine No.JEXCPK27109;
Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 4/2/2026 6:20:42 PMNEUTRAL CITATION NO. 2026:MPHC-JBP:26069 7 MCRC-4936-2024 Splendor bike having Engine No.HA11EDMHL53917 and Activa moped having Engine No.JF9IEW0201124] and One mobile phone of One Plus company [having IMEI Nos.860859067714491 and 860859067714483] in favour of the petitioner on Supurdnama, subject to the following conditions:
(i) The petitioner shall furnish surety of Rs.8,00,000/- (Rupees Eight Lakhs only) to the satisfaction of the trial Court.
(ii) The petitioner shall produce the aforesaid property before the trial Court as and when directed.
(iii) The petitioner shall not alienate, transfer, or create any third- party interest in the said property during the pendency of the trial.
(iv) The petitioner will not change the parts, colour or machinery, except for necessary repairs for smooth running of the vehicle.
(vi) The petitioner shall maintain the vehicles and mobile phone in proper condition.
(vii) The petitioner shall get the aforesaid vehicles registered in his own name with the competent Regional Transport Office (RTO) and get insured the same immediately preferably within one month from the date of release in accordance with law and shall submit proof of such registration before the trial Court.
(viii) The petitioner shall not change the nature or identity of the vehicles.
14. With the aforesaid directions, the petitions under Section 482 of CrPC (Section 528 of BNSS) stand allowed and disposed of.
Certified copy as per rules.
(B. P. SHARMA) JUDGE @shish Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 4/2/2026 6:20:42 PM