Rajasthan High Court - Jodhpur
Dulichand vs State Of Rajasthan (2024:Rj-Jd:13080) on 19 March, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:13080]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7446/2023
Dulichand S/o Ganpatram, Aged About 30 Years, R/o Maliyon Ki
Dhani, Jusri Road, Makrana P.S., Makrana, Dist. Nagaur,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Ajit Singh S/o Jeewan Singh, Aged About 36 Years, B/c
Rajput, R/o Neelkanth Nagar, Kuchamancity, P.S.
Kuchamancity.
----Respondents
For Petitioner(s) : Mr. Sanjay Bishnoi
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order 19/03/2024
1. By way of filing of the instant criminal misc. petition, challenge has been made to the order dated 05.10.2023 passed by the learned Additional Sessions Judge, Makrana District Nagaur in Criminal Case No.16/2023 pertaining to FIR No.416/2023 registered at Police Station Makrana, District Nagaur whereby the prayer made by the petitioner for releasing the Central Processing Unit as well as Colour Printer has been declined.
2. Learned counsel for the petitioner submits that he is the owner of the said Central Processing Unit as well as Colour Printer belong to him and the same have been seized by the Police Officers. He further submits that the petitioner being (Downloaded on 29/03/2024 at 08:53:33 PM) [2024:RJ-JD:13080] (2 of 2) [CRLMP-7446/2023] the owner of the belongings mentioned above, is the person best entitled to get back their possession. There is no other person claiming Supurdagi of the same. Neither the Central Processing Unit as well as Colour Printer have any direct or indirect nexus with the alleged crime.
3. Learned Public Prosecutor opposed the instant criminal misc.
petition.
4. Considering the submissions and following the judgment rendered by Hon'ble the Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in AIR 2003 SC 638, the petition is allowed and this Court deems it just and appropriate to release the Central Processing Unit as well as Colour Printer with the direction that a disk shall be provided by the petitioner in which the material stored in CPU shall be transferred as well as the disk shall be kept in the police custody on interim custody till conclusion of the trial provided he furnishes a Supurdaginama of Rs. 50,000/- and surety of like amount to the satisfaction of the Court below and provided that the call data of the handset as well as the sim contained in the handset, if any, shall be taken on record before the release of the handset and the petitioner shall not raise any question with regard to identity of the mobile phone allegedly recovered from him.
(FARJAND ALI),J 236-Ashutosh/-
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