Jay Shriram Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 314 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-3922-2020 Jai Shriram Singh Vs. State of MP

Gwalior, Dated : 06.01.2022

Shri Ashok Jain, Counsel for the applicant.

Shir R.K. Awasthi, Counsel for the State.

This application under Section 482 of CrPC has been filed

against the order dated 13.11.2019 passed by Third Additional

Sessions Judge, Bhind, by which the application filed by the

applicant under Section 451 of CrPC for release of motorcycle

bearing registration No. MP30-MN-7047.

It is submitted by the counsel for the applicant that the

applicant is the owner of the aforesaid motorcycle. Crime

No.477/2018 has been registered at Police Station Mehgaon District

Bhind for offence under Sections 399, 400, 402 of IPC read with

Section 11/13 of MPDVPK Act as well as under Section 25, 27 of

Arms Act. Motorcycle in question was seized from the possession of

one Mahendra Kushwaha on the allegations that it was being used by

him for the purpose of making preparation for committing dacoity.

The applicant is not the accused in the said offence. If the motorcycle

remains in the custody of the police in an un-attendant condition,

then it would cause irreparable damage to the motorcycle. The

applicant undertakes to produce the motorcycle before the Trial Court

as and when it is required and he would not change the nature of the

same. To buttress his contention, counsel for the applicant has relied

THE HIGH COURT OF MADHYA PRADESH MCRC-3922-2020 Jai Shriram Singh Vs. State of MP

in the case of Sunderbhai Ambalala Desai Vs. State of Gujarat

reported in (2002) 10 SCC 283.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that since the motorcycle was

used for making preparation of committing dacoity, therefore, it is a

piece of evidence. Accordingly, it should not be given in interim

custody of the applicant.

Heard the learned counsel for the parties.

The applicant is not the an accused in Crime No.477/2018.

According to the prosecution case, vehicle in question was seized

from the possession of one Mahendra Kushwaha, who had allegedly

assembled along with other accused persons for making preparation

for committing dacoity. In the light of the judgment passed by the

Supreme Court in the case of Sunderbhai Ambalala Desai (Supra),

this Court is of the considered opinion that the motorcycle in

question can be given in Supurdagi to the applicant.

Accordingly, it is directed that the motorcycle bearing

registration No. MP30-MN-7047 be handed over to the applicant on

interim custody with the following conditions:-

(i) The applicant shall furnish Bank Gaurantee to

the tune of value of the motorcycle mentioned in the original

THE HIGH COURT OF MADHYA PRADESH MCRC-3922-2020 Jai Shriram Singh Vs. State of MP

invoice.

(ii) The applicant shall also file necessary

documents before the concerning Court to establish that he

is the owner of the motorcycle.

(iii) The applicant shall also file the original invoice

of the motorcycle in question to show its value at the time of

sale.

(iv) The applicant shall also furnish an undertaking

that he would not make any change in the motorcycle till the

trial is pending.

(v) The applicant shall also furnish an undertaking

that he shall produce the motorcycle before the Trial Court

as and when it is required.

(vi) The Trial Court may also impose any condition

in addition to the above.

Accordingly, the order dated 13.11.2019 passed by Third

Additional Sessions Judge, Bhind is hereby set aside.

Resultantly, the application is allowed.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.01.07 17:11:33 +05'30'