Jharkhand High Court
Sanoj Singh Aka @ Sanoj Kumar Singh @ ... vs The State Of Jharkhand on 5 February, 2024
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
1 Cr.M.P. No.1129 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1129 of 2023
Sanoj Singh Aka @ Sanoj Kumar Singh @ Kishore Kumar, s/o
Tapeshwar Singh, aged about 43 years, resident of Shivpuri Colony,
Ward No.18, House No. 1038, P.O. & P.S.-Chas, Dist. Bokaro,
Jharkhand
.... Petitioner
Versus
1. The State of Jharkhand
2. The Officer-In-Charge, Jaridih Police Station, P.O. & P.S.-Jaridih,
Dist.- Bokaro
.... Opp. Parties
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
.....
For the Petitioner : Mr. Rahul Kumar, Advocate
: Ms. Apoorva Singh, Advocate
For the State : Mr. Pankaj Kumar, P.P.
.....
By the Court:-
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the
jurisdiction of this Court under Section 482 Cr.P.C. with a prayer
for quashing the order dated 24.02.2023 passed by the learned
Sessions Judge, Bokaro in Misc. Criminal Application No. 828 of
2022 in connection with S.T. Case No. 406 of 2022, arising out of
Jaridih P.S. Case No. 135 of 2022 by which the learned Sessions
Judge, Bokaro rejected the prayer for release of the mobile handset
and vehicle seized bearing registration no.JH-09AK-3031.
3. The brief facts of the case is that Jaridih P.S. Case No. 135 of 2022
has been registered with the allegation that the petitioner
abducted the informant of the case and attempted to murder him,
committed theft and wrongfully confined him and assaulted him.
4. Police during the investigation of the case, seized the Station
Wagon CRETA 1.6 CRDI SX bearing registration no. JH-09AK-
3031, and a mobile handset of XIOMI 11 Lite NE5G mobile
handset bearing IMEI No.860588055247251.
5. The petitioner filed a petition for release of the mobile handset
and the vehicle in his favour. The learned Sessions Judge, Bokaro
has observed that charges have been framed on 19.11.2022 and the
case is fixed for evidence of prosecution witnesses. The learned
Sessions Judge, Bokaro further observed that the petitioner is the
owner of the seized material sought to be released by him and it
has been further observed that the seized materials have been
used by the petitioner who is the accused person of the case in the
alleged occurrence hence, the prayer for release of the vehicle and
the mobile handset has been rejected by the learned Sessions
Judge, Bokaro.
6. It is submitted by the learned counsel for the petitioner that after
lodging of the FIR, the petitioner was taken into custody on
22.06.2022 and his mobile phone and Creta vehicle were also
seized during the investigation of the case and now the
investigation is complete and the petitioner has been granted
regular bail so no useful purpose will be served in keeping the
mobile handset and the said vehicle in question; in the custody of
investigating authorities. Relying upon the judgment of Hon'ble
Supreme Court of India in the case of Sunderbhai Ambalal Desai
vs. State of Gujarat reported in (2002) 10 SCC 283, it is submitted
by the learned counsel for the petitioner that it has been observed
in that case that it is of no use to keep the seized vehicles at the
police station for long period and appropriate order for its release
must be passed by taking appropriate bond, guarantee as well as
security. It is then submitted by the learned counsel for the
petitioner that petitioner requires the said vehicle for his personal
use and if the vehicle is allowed to remain idle at the police station
premises for long without any shelter and proper care, it may be
subjected to wear and tear and will cause undue loss and
hardships to the petitioner. It is also submitted by the learned
counsel for the petitioner that the petitioner requires the mobile
handset for his personal use and undertakes to produce the same
before the authorities or court; as and when required. Hence, it is
submitted by the learned counsel for the petitioner that the
learned Sessions Judge, Bokaro has committed grave illegality and
perversity in rejecting the prayer for release of the said mobile
handset and the vehicle. It is therefore submitted that the order
dated 24.02.2023 passed by the learned Sessions Judge, Bokaro in
Misc. Criminal Application No. 828 of 2022 in connection with S.T.
Case No. 406 of 2022, arising out of Jaridih P.S. Case No. 135 of
2022 be quashed and set aside.
7. Learned Public Prosecutor submits that since the petitioner has
used the mobile handset and the vehicle in commission of the
offence hence, the learned Sessions Judge, Bokaro has not
committed any illegality in rejecting the prayer for release of the
mobile handset and the vehicle. Hence, it is submitted that this
criminal miscellaneous petition being without any merit be
dismissed.
8. Having heard the submissions made at the Bar and after going
through the materials in the record, it is crystal clear that there is
no material in the record to suggest that either the mobile hand set
or the vehicle seized by the police was used in any manner in
commission of any offence. There is no material in the record to
suggest that the evidence of any Call Detail Report or tower
location of the said mobile phone used by the petitioner was
collected during the investigation of the case and the order dated
24.02.2023 passed by the learned Sessions Judge, Bokaro is also
silent about the same nor is there any allegation that mobile
handset was used as a weapon to assault the victims of the case.
9. Under such circumstances, this Court has no hesitation in holding
that the learned Sessions Judge, Bokaro has committed a
perversity by refusing the release of the vehicle and the mobile
handset in favour of the petitioner; who is undisputedly the
owner of the same when the investigation of the case is already
over.
10. Considering the aforesaid facts, the order dated 24.02.2023
passed by the learned Sessions Judge, Bokaro in Misc. Criminal
Application No. 828 of 2022 in connection with S.T. Case No. 406
of 2022, arising out of Jaridih P.S. Case No. 135 of 2022 being not
sustainable in law is quashed and set aside.
11. The Sessions Judge, Bokaro is directed to release the Station
Wagon CRETA 1.6 CRDI SX bearing registration no. JH-09AK-
3031 and a mobile handset of XIOMI 11 Lite NE5G mobile handset
bearing IMEI No.860588055247251 in favour of the petitioner on
the petitioner submitting an undertaking on the following terms
and conditions:
i. The petitioner shall furnish an indemnity bond of Rs.12,00,000/-
with two solvent sureties with the undertaking that the petitioner
shall produce the vehicle and the mobile handset as, when and
where directed by the court.
ii. The petitioner shall not sale, mortgage or transfer the ownership
of the vehicle and the mobile handset during the pendency of the
case nor allow anybody else than him to ride the vehicle or use the
mobile hand set.
iii. The petitioner shall not change or tamper with the identification
of the vehicle and the mobile handset in any manner during the
pendency of the case.
iv. Any other condition, if any, to be imposed by the trial court.
12. In the result, this criminal miscellaneous petition is allowed.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated the 5th February, 2024
AFR/Sonu-Gunjan/-
