Madhya Pradesh High Court
Smt. Shanto Bai vs The State Of Madhya Pradesh on 15 March, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
MCRC-41236-2021
(Smt. Shanto Bai Vs. State of M.P.)
Gwalior, Dated : 15/03/2022
Shri Ajay Bhargava, learned counsel for the petitioner.
Shri Nirmal Sharma, learned Public Prosecutor for the
respondent/State.
The present petition under Section 482 of Code of Criminal Procedure has assailed the order dated 20/05/2021 passed by Additional Sessions Judge, Seondha, District- Datia (M.P.) in CRR No.53/2021 affirming the order dated 16/04/2021 passed by the JMFC, Seondha, District- Datia (M.P.) in Criminal Case No.39/2021, whereby the application under Sections 451/457 of Cr.P.C. has been dismissed.
The brief facts leading to filing of this case are that FIR was registered against the petitioner at Crime No.39/2021 by Police Station- Seondha, District- Datia (M.P.) for the offence punishable under Sections 379, 414 of the IPC and Sections 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957 on the ground that on 06/10/2020, an information was received from the informer that illegal transportation of sand is being carried out at Hemantpura Road and when the police reached the spot, some people fled away from the spot after seeing the police. Thereafter, one tractor- trolly bearing Registration Number- MP07-AA-7966 was seized and the driver- Ravi Kushwaha was asked to show any valid documents of loaded sand but he was not having 2 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-41236-2021 (Smt. Shanto Bai Vs. State of M.P.) any valid documents and royalty for transporting the said sand. Thereafter, the said tractor- trolly was seized by the respondent.
The petitioner being owner of the said tractor- trolly filed an application under Section 451/457 of Cr.P.C. before the trial Court for interim custody of the tractor-trolly which was dismissed vide order dated 16/04/2021. Thereafter, the petitioner filed a Criminal Revision No.53/2021 before the Court of Additional Sessions Judge, Seondha, District- Datia (M.P.) which was also dismissed vide order dated 20/05/2021.
Learned counsel for the petitioner submitted that she is the owner of the tractor- trolly and she is not involved in the case directly or indirectly and the tractor- trolly are equipment for using in the agriculture work which requires continuous maintenance and if it is kept locked, the engine and other parts of the said tractor will be out of order and the same will become useless for any work.
Learned counsel for the petitioner further submitted that the petitioner has no means except the said tractor-trolly for earning her livelihood and there is no use of keeping the tractor-trolly in police custody for years till the trial is over. Trial is not likely to conclude in near future and take long time. In support of his submissions, learned counsel for the petitioner relied upon the judgment dated 03/08/2021 3 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-41236-2021 (Smt. Shanto Bai Vs. State of M.P.) passed by the Coordinate Bench of this Court in the batch of writ petitions leading case Writ Petition No.8613/2020 (Rajendra Singh Vs. State of M.P. & Ors.). In such circumstances, it would be just and proper to release the said tractor- trolly vehicle of the petitioner.
On the other hand, learned State counsel opposed the prayer and submitted that the Court below has rightly rejected the application. He further submits that no palpable error on the face of record has been pointed out by learned counsel for the petitioner in the order impugned. The said vehicle would be required during the trial for describing the nature of the property in detail, therefore he prays for dismissal of the instant petition.
Heard learned counsel for the rival parties. In view of the aforesaid, this Court is of the considered opinion that the court below did not take into consideration that keeping vehicle and other items in the police station for a long period is of no use. The court below ought to have passed appropriate orders by taking appropriate bond and guarantee as well as security for return of the vehicle and other items.
Accordingly, impugned order dated 20/05/2021 passed in Cr.R. Case No.53/2021 by 2nd Additional Sessions Judge, Seondha, District- Datia (M.P.) as well as order dated 16/04/2021 passed by JMFC, 4 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-41236-2021 (Smt. Shanto Bai Vs. State of M.P.) Seondha, District- Datia (M.P.) in Criminal Case No.39/2021 are hereby set-aside.
It is directed that on proving ownership of tractor- trolly by the petitioner and furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) alongwith one solvent surety of the same amount to the satisfaction of the JMFC and CJM concerned, the aforesaid tractor- trolly bearing Registration Number-MP07-AA-7966 be released on Supurdginama, subject to following conditions :
(1) That, the petitioner shall produce the said tractor- trolly before the trial Court as and when directed to do so; (2) That, in the meantime, he shall not alienate the tractor-
trolly or make use of the same for any unlawful purpose; (3) That, he shall not carry out any change in the colour and outward appearance of the said vehicle.
With the aforesaid directions, this petition under Section 482 of Cr.P.C. stands allowed.
Certified copy/e-copy as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee473fe779 53f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159B55575E 814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.03.15 18:25:23 +05'30'