Bombay High Court
Sanjay Pandarinath Hurpude vs State Of Maharashtra, Thr. P.S.O. ... on 4 July, 2017
Bench: P.N. Deshmukh
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO.568 OF 2016
Sanjay Pandarinath Hurpude,
aged about 48 years, occupation :
agricultural labour, resident of
Jalka Bhadang, Tahsil Khamgaon,
District Buldhana. ... Petitioner
- Versus -
State of Maharashtra, through
Police Station Officer, Nandura,
Tahsil Nandura, District Buldhana. ... Respondent
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Shri Alok Daga, Advocate for petitioner.
Shri S. Sirpurkar, Additional Public Prosecutor for respondent.
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CORAM : P.N. DESHMUKH, J.
DATED : JULY 4, 2017
ORAL JUDGMENT :
Rule, returnable forthwith. Heard finally with consent of
Shri Daga, learned Counsel for petitioner, and Shri Sirpurkar, learned
Additional Public Prosecutor for respondent.
2) This petition is filed by petitioner for obtaining possession of
vehicle being Maruti Suzuki Alto bearing Registration No. MH 28 V 3025
on supratnama contending that on being involved in an accident on
12/10/2015 with motor cycle bearing Registration No. MH 28 N 1871,
same came to be seized and learned Magistrate by passing impugned
order dated 18/5/2016 rejected application for releasing the same on
supratnama.
3) Shri Sirpurkar, learned Additional Public Prosecutor for
respondent, by relying upon affidavit-in-reply on record has submitted
that said vehicle though was involved in an accident on aforesaid date was
never seized and same was only detained for the purpose of report
whether it was having any technical fault at the time of accident. As such,
it is the case of respondent that said vehicle was not seized on any
occasion and after its inspection by R.T.O. Authorities, on executing
supratnama by petitioner on 19/11/2015, same was given to him. In
support of case as aforesaid, respondent has placed on record copy of
supratnama.
4) On perusal of aforesaid supratnama, it is found that petitioner
on 19/11/2015 had taken possession of vehicle Maruti Suzuki Alto
bearing Registration No. MH 28 V 3025 and as such, had no reason to
make any application for grant of vehicle on supratnama.
5) In the background of facts as aforesaid, to a specific query put
to learned Counsel for petitioner as to what was the reason for filing such
application for claiming vehicle on supratnama though it was very much
received on supratnama by petitioner on 19/11/2015 itself, it is stated
that in spite of executing such bond, petitioner was not given possession of
his vehicle and, therefore, application was required to be filed. From the
reply it is found that on completion of investigation, charge-sheet is filed
before competent Court and vehicle claimed by petitioner on supratnama
had not been seized, but was detained for the purpose of knowing whether
any technical fault arose in the vehicle at the time of accident.
6) In the circumstances, petition is liable to be allowed by
imposing suitable conditions as per order below :
Vehicle Maroti Suzuki Alto bearing Registration No. MH 28 V
3025 shall be given on supratnama to petitioner on verifying whether
registration of said vehicle stands in the name of petitioner Sanjay
Pandarinath Hurpude. Petitioner shall not effect any change in the vehicle
nor shall create third party interest in any manner pending case arising out
of Crime No.141/2015 registered by Police Station, Nandura, District
Buldhana.
Petitioner shall attend Police Station, Nandura on 8/7/2017.
He shall be given custody of aforesaid vehicle on supratnama on that date
on his executing fresh bond to the extent of Rs.2,50,000/-.
7) Rule is made absolute in the aforesaid terms. No order as to
costs.
8) Parties to act upon copy of this judgment duly authenticated
by Court Sheristedar.
JUDGE
khj
