Madhya Pradesh High Court
Arvind Dubey vs The State Of Madhya Pradesh on 6 September, 2021
Author: Rajeev Kumar Dubey
1 CRR-1304-2021
The High Court Of Madhya Pradesh
CRR-1304-2021
(ARVIND DUBEY Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 06-09-2021
Heard through Video Conferencing.
Shri Arvind Dubey, applicant is present in person.
Learned counsel for the applicant is not present.
None for the respondent-State.
In the absence of learned counsel for the parties, the matter is
considered on the copy of the charge-sheet produced by the applicant.
This revision has been filed under Section 397/401 of Cr.P.C. against
the order dated 22/03/2021 passed by Vth Additional Sessions Judge, Sagar
whereby learned Additional Sessions Judge rejected the applicant's
application filed u/S. 457 of Cr.P.C to get the interim custody of the
motorcycle bearing registration No.MP-15-MX-8227 seized by the Police
Station Gopalganj, District Sagar in Crime No.318/2020 registered for the
offence punishable under Sections 325/34, 120-B, 302 of IPC.
It is alleged that the police seized motorcycle bearing registration
No.MP-15-MX-8227 in connection with Crime No.318/2020 registered for the
offence punishable under Sections 325/34, 120-B, 302 of IPC., applicant who
is the registered owner of the said bike filed an application under Section 457
of Cr.P.C. before Vth Additional Sessions Judge, Sagar for getting interim
custody of the said vehicle. The learned Additional Session Judge rejected the
application vide order dated 22.03.2021 on the ground that seized bike is the
subject matter of evidence, so it is not appropriate to release the motorcycle
and rejected the applicant's application. Being aggrieved by that order, the
applicant filed this revision.
Shri Arvind Dubey, applicant who is present in person submits that he
is the registered owner of the seized bike. So, he is entitled to get the seized
vehicle in his interim custody. If said vehicle is kept in idle condition in the
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police station for a long period, it may get damaged. Hence, it is prayed that
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Date: 2021.09.07 16:48:26 IST
2 CRR-1304-2021
the said vehicle be given to the applicant in interim custody.
It appears from the record that the applicant is the registered owner of
the seized vehicle, so he is entitled to get possession of that vehicle.
Whether the seized vehicle was involved in the crime is a matter of
evidence, which cannot be ascertained without evidence at this stage and shall
be decided by the Court at the time of judgment of the case. If said vehicle is
kept in idle condition in the police station for a long period, it may get
damaged. So in the considered opinion of this Court, the Trial Court
committed a mistake in not giving the said vehicle to applicant's interim
custody who is the registered owner of the said vehicle.
Hence, petition is allowed and it is directed that the said motor cycle
bearing registration No.MP-15-MX-8227 seized in Crime No.318/2020
registered for the offence punishable under Sections 325/34, 120-B, 302 of
IPC be released in favour of applicant who is registered owner of the vehicle
on the following terms and conditions :-
1. Applicant Shri Arvind Dubey shall furnish Supurdiginama
to the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only)
and the surety of the like amount to the satisfaction of the trial
Court for releasing the vehicle in question.
2 . The applicant shall also furnish an undertaking that he
shall produce the vehicle in question as and when required during
the trial.
3. The applicant shall not alienate the same or make use of
such vehicle for any unlawful purpose during pendency of the
case.
4. An undertaking shall also be given by the applicant that
the nature of the vehicle in question shall not be changed without
prior permission of this Court.
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It is further directed that before releasing the vehicle in interim custody
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Date: 2021.09.07 16:48:26 IST
3 CRR-1304-2021
of the applicant, the S.H.O. of concerning Police station shall get
photographs sized 18 x 12 inches of the concerned vehicle taken from all
sides and also the photographs showing engine number and chassis number.
Such photographs shall be filed in the trial Court to be kept along with the
record.
With the aforesaid directions, this petition stands disposed of.
Certified copy as per rules.
(RAJEEV KUMAR DUBEY)
JUDGE
mn
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Digitally signed by MANOJ NAIR
Date: 2021.09.07 16:48:26 IST
