Bombay High Court
Pragati Shreegulab Manpure vs Shreegulab S/O Vikas Manpure on 7 May, 2024
Author: M.W. Chandwani
Bench: M.W. Chandwani
2024:BHC-NAG:5498
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO.253 OF 2024
WITH
CRIMINAL WRIT PETITION NO.254 OF 2024
WITH
CRIMINAL WRIT PETITION NO.339 OF 2024
CRIMINAL WRIT PETITION NO.253 OF 2024
Shri Devkant S/o Shankar Wandhre,
Aged about 23 years, Occupation:
Cultivation, Resident of Valni (C),
Tab: Patmi, Distt. Bhandara.
....PETITIONER
...V E R S U S...
State of Maharashtra, Through Police
Station Officer, Police Station, Pauni,
Tahsil Pauni, District: Bhandara. ...RESPONDENT
WITH
CRIMINAL WRIT PETITION NO.254 OF 2024
Shri Ramesh S/o Murlidhar Bawankar,
Aged about 41 Years Occupation: Cultivation,
Resident of Mangli (C), Tab: Pauni, Distt.
Bhandara ....PETITIONER
...V E R S U S...
State of Maharashtra, Through Police
Station Officer, Police Station, Pauni,
Tahsil Pauni, District: Bhandara. ...RESPONDENT
WITH
CRIMINAL WRIT PETITION NO.339 OF 2024
Shri Kishor S/o Vithal Bhure,
Aged about 34 years, Occupation:
Cultivation, Resident of Junona, Post:
Walani, Tah: Pauni, Distt. Bhandara ....PETITIONER
...V E R S U S...
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State of Maharashtra, Through Police
Station Officer, Police Station, Pauni,
Tahsil Pauni, District: Bhandara. ...RESPONDENT
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Shri Raju Kadu, Advocate for the petitioners.
Shri Sooraj Hulke, Advocate for respondent in Cr.W.P No.253/2024.
Ms Sneha Dhote, Advocate for respondent in Cr.W.P No.254/2024.
Shri H.D. Dubey, Advocate for respondent in Cr.W.P No.339/2024.
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CORAM:- M.W. CHANDWANI, J.
DATED :- 07/05/2024.
ORAL JUDGMENT:
. Rule. Rule is made returnable forthwith. Heard finally
with the consent of learned counsel appearing for the parties.
2. This batch of these writ petitions raise identical issue.
Rather two Writ Petition Nos.253 and 254 of 2024 are arising out
of same crime, therefore these petitions were heard analogously
and I propose to dispose of these petitions by this common
judgment.
3. In Crime No.96 of 2023, tractor i.e. (1) ESCORT
POWERTAC RDX 439 Tractor bearing chasis Nos.T053577701HK
and Engine No.E3649019 and Trolly bearing No.NA000, Colour :
Blue (2) tractor registration No.MH36AG7365, Engine
No.RMG2KGA7135, Chasis No.MBNAS48ABMTN54741, Colour :
Blue, Model : SWARAJ843XM and Trolly RAJ TRAILER, Chasis
No.AL202312817, Engine No. NA000, Colour :Blue have been
seized by the Police Station Officer, Pauni for the offence
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punishable under Section 379 of the Indian Penal Code. Likewise,
Crime No.450 of 2023 for the similar offences, Tractor registration
No.MH36Z4935 and Trolly registration No.MH36AL2431 came to
be seized. However, learned trial Court has released the trolly
bearing Trolly registration No.MH36AL243. It is alleged in the said
crimes that said tractors and trollies were used for stealing sand.
4. The petitioners in all three petitions applied for
release of the said vehicles on supratnama, which came to be
rejected by the learned Judicial Magistrate First Class, Pauni by
the orders impugned mainly on the ground that said tractors and
trollies were involved in earlier crimes registered for similar
offence.
5. Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the respondent/State.
6. Learned counsel for the petitioner vehemently
submits that the offence in the present crime is yet to be proved.
There are only allegations against the petitioners about using the
said vehicles in the crime and the learned Magistrate has jumped
to the conclusion that the petitioners acted contrary to the order
passed by the Court in the earlier crime.
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7. Per contra, learned APP objected the petition on the
ground that the same vehicles were used in the crime and
supported the order of trial Court.
8. No doubt these tractors and trollies were already
released in another crime on certain terms and conditions with
execution of bond. As of today, there are allegations of
commission of crime with the help of the said vehicles only on the
basis of first information report. These allegations i.e. using of the
tractors in subsequent crimes are required to be proved by the
prosecution. If the conditions are breached, it is always open for
the learned Magistrate to take action for forfeiture of bond and
even he can impose penalty in his discretion in accordance with
law. Rather, in Criminal Writ Petition No.253 of 2023 the
petitioner was not the owner at the time of the earlier crime,
therefore, he cannot be blamed for breaching the earlier bond.
9. It is to be noted here that the trial may not be
concluded in near future and will take considerable time, till then,
it is not desirable to keep the said vehicles in idle condition for
indefinite period as held in Sunderbhai Ambalal Desai Vs. State of
Gujarat1.
1 AIR 2003 SC 638
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10. In view thereof, the impugned orders dated
09.10.2023 passed by the Judicial Magistrate First Class, Pauni
below Exhibit-11 in Miscellaneous Criminal Case No.84 of 2023
and order dated 08.01.2024 passed by the Judicial Magistrate
First Class, Pauni below Exhibit-1 in Criminal Miscellaneous
Application No.349 of 2023 are hereby quashed and set aside.
11. For the aforesaid reasons, I proceed to pass the
following order:
ORDER
Vehicles seized in Crime No.96 of 2023 tractors i.e.
(1) ESCORT POWERTAC RDX 439 Tractor bearing chasis
No.T053577701HK and Engine No.E3649019 and Trolly bearing
No.NA000, Colour: Blue (2)Tractor registration No.MH36AG7365,
Engine No.RMG2KGA7135, Chasis No.MBNAS48ABMTN54741,
Colour : Blue, Model : SWARAJ843XM and Trolly RAJ TRAILER,
Chasis No.AL202312817, Engine No. NA000, Colour :Blue, shall
be released in favour of petitioners - Devkant S/o Shankar
Wandhre and Ramesh S/o Murlidhar Bawankar, respectively, on
execution of bond of Rs.6,00,000/- (Rs. Six Lakhs only) each of
them and in Crime No.450 of 2023, Tractor registration
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No.MH36Z4935 shall be released on execution of bond of
Rs.5,00,000/- (Rs. Five Lakh) by the petitioner - Kishor S/o
Vitthal Bhure, on the following conditions:
i. They shall not part with possession of tractor and
trolly in any manner without prior permission of the
trial Court.
ii. They shall not change description of the tractor and
trolly.
iii. They shall produce the tractor and trolly before the
trial Court at any time as may be required by the trial
Court.
iv. The investigating officer to take photographs of the
tractor and trolly and to prepare detailed
panchanama before releasing tractor and trolly.
Rule is made absolute in above terms.
JUDGE
Wagh
