Amar Dewangan vs State Of Chhattisgarh
2022 Latest Caselaw 267 Chatt

                                               1

                HIGH COURT OF CHHATTISGARH, BILASPUR
                  Proceeding through Video Conferencing
                               Order Sheet
                             Criminal Appeal No. 2013 of 2019

     Amar Dewangan, S/o Bahararam Dewangan, Aged about 24 years, R/o - Ward No.
      -17, Shakti Nagar, Police Station - Mohan Nagar, Durg, District - Durg, C.G.

                                                                                  ----- Appellant   s




                                         versus
     State of Chhattisgarh, Through- Police Station - Boree, District - Durg, C.G.
                                                                               ----- Respondent

14/01/2022 Shri Pawan Shrivastava, Advocate for the appellant.

Shri Adil Minhaz, Government Advocate for the State. Heard on I.A. No. 01 of 2022, for releasing of the vehicle (Motorcycle) bearing registration No. CG/07/BJ/3436 on Supurdnama.

Learned counsel for the appellant further submits that the appellant is the registered owner of Motorcycle bearing registration No. CG/07/BJ/3436 which was seized by the police as allegedly the said motorcyle was used in commission of the crime. He also submits that this application has filed here on telephonic request of the appellant that he has no objection if the aforesaid motorcycle is given on supurdnama to his mother, and therefore, the said application has been filed for releasing the seized article in Sessions Case No. 104/2018 arising out of Crime No. 26/2018 registered at Police Station Bori, District Durg (C.G.). Therefore, the said motorcycle be handed over to the mother of the appellant on supurdnama because the appellant is in jail.

On the other hand learned counsel for the State opposes the application.

Heard learned counsel for the parties.

Considering the fact that the appellant is the registered owner of the motorcycle bearing No. CG/07/BJ/3436 and it is of no use to keep the seized motorcycle at the police station for a long time, it is directed that the said motorcyle, seized in connection with Crime No. 26/2018 registered at Police Station Bori, District Durg, C.G., shall be released to the appellant on supurdnama on the following conditions:-

(a) The appellant shall execute a bond in a sum of Rs.1,00,000/- with two solvent sureties to the satisfaction of the trial Court.

(b) The appellant must satisfy the court that he is the registered owner of the offending vehicle.

(c) The appellant shall not transfer or dispose of the offending vehicle to any one else and shall not make any change in its body, colour or engine. It is needless to say that make, colour, chassis number, and engine number of the offending vehicle shall be furnished by him before the trial Court with an undertaking that no damage shall be caused or no part of the vehicle be substituted.

(d) The appellant shall also file an undertaking before the trial Court that the offending vehicle shall not be used for commission of offence; and before giving interim custody of the offending vehicle to him, three coloured photographs of cabinet size from different angles clearly indicating registration number and other particulars of the vehicle shall be kept on file. The expenses for the photographs shall be borne by the appellant.

The appellant shall produce vehicle either before the trial Court or such authorities as it may be directed, on him own expenses. I.A. No. 01 of 2022 stands disposed of accordingly.

Arguments heard finally.

Reserved for judgment.

Sd/-

(Gautam Chourdiya) Judge

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