Shivraj Singh Solanki vs The State Of Madhya Pradesh
2022 Latest Caselaw 3764 MP

Citation : 2022 Latest Caselaw 3764 MP
Judgement Date : 16 March, 2022

Madhya Pradesh High Court

Shivraj Singh Solanki vs The State Of Madhya Pradesh on 16 March, 2022

Author: Deepak Kumar Agarwal

                                     1
              HIGH COURT OF MADHYA PRADESH,
                        BENCH AT GWALIOR
                          MCRC-11564-2022
                    (Shivraj Singh Solanki Vs. State of M.P.)


Gwalior, Dated : 16/03/2022

      Shri Sanjeev Agrawal, learned counsel for the petitioner.

      Shri    R.K.Awasthi,     learned   Public    Prosecutor     for   the

respondent/State.

The present petition under Section 482 of Code of Criminal

Procedure assails the order dated 16/02/2022 passed by the Second

Additional Sessions Judge, Karera, District- Shivpuri (M.P.) in CRR

No.11/2022 affirming the order dated 11/01/2022 passed by the JMFC,

Karera, District- Shivpuri (M.P.) in MJCR No.13/2022, whereby the

application under Sections 457 of Cr.P.C. has been dismissed.

The brief facts leading to filing of this case are that on 29.9.2021

tractor-trolley of the petitioner bearing registration No. MP 33 AA 6948

was seized by police Station, Karera, in Crime No.559/2021 for the

offence punishable under Sections 379, 414 of IPC as the same was

found involved in theft of sand.

The petitioner being owner of the said tractor- trolley filed an

application under Section 457 of Cr.P.C. before the trial Court for interim

custody of the tractor-trolley which was dismissed vide order dated

11/01/2022. Thereafter, the petitioner filed a Criminal Revision

No.11/2022 before the Court of Second Additional Sessions Judge,

Karera, District- Shivpuri, (M.P.) which was also dismissed vide order

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-11564-2022 (Shivraj Singh Solanki Vs. State of M.P.)

dated 16/02/2022.

Learned counsel for the petitioner submitted that he is the owner of

the tractor- trolley and he is not involved in the case directly or indirectly

and the tractor- trolley are equipment for using in the agriculture work

which requires continuous maintenance and if it is kept locked, the

engine and other parts of the said tractor will be out of order and the same

will become useless for any work.

Learned counsel for the petitioner further submitted that the

petitioner has no means except the said tractor-trolley for earning his

livelihood and there is no use of keeping the tractor-trolley in police

custody for years till the trial is over. Trial is not likely to conclude in

near future and take long time. In support of his submissions, learned

counsel for the petitioner relied upon the judgment dated 03/08/2021

passed by the Coordinate Bench of this Court in the batch of writ

petitions leading case Writ Petition No.8613/2020 (Rajendra Singh Vs.

State of M.P. & Ors.). In such circumstances, it would be just and proper

to release the said tractor- trolley vehicle of the petitioner.

On the other hand, learned State counsel opposed the prayer and

submitted that the Court below has rightly rejected the application. He

further submits that no palpable error on the face of record has been

pointed out by learned counsel for the petitioner in the order impugned.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-11564-2022 (Shivraj Singh Solanki Vs. State of M.P.)

The said vehicle would be required during the trial for describing the

nature of the property in detail, therefore he prays for dismissal of the

instant petition.

Heard learned counsel for the rival parties.

In view of the aforesaid, this Court is of the considered opinion

that the court below did not take into consideration that keeping vehicle

and other items in the police station for a long period is of no use. The

court below ought to have passed appropriate orders by taking

appropriate bond and guarantee as well as security for return of the

vehicle and other items.

Accordingly, impugned order dated 16/02/2022 passed in Cr.R.

Case No.11/2022 by 2nd Additional Sessions Judge, Karera, District-

Shivpuri (M.P.) as well as order dated 11/01/2022 passed by JMFC,

Karera, District- Shivpuri (M.P.) in MJCR No.13/2022 are hereby set-

aside.

It is directed that on proving ownership of tractor- trolley by the

petitioner and furnishing a personal bond in the sum of Rs.1,00,000/-

(Rupees One Lac Only) alongwith one solvent surety of the same

amount to the satisfaction of the JMFC/CJM concerned, the aforesaid

tractor- trolley bearing Registration Number-MP33-AA-6948 be released

on Supurdginama, subject to following conditions :

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-11564-2022 (Shivraj Singh Solanki Vs. State of M.P.)

(1) That, the petitioner shall produce the said tractor- trolley

before the trial Court as and when directed to do so;

(2) That, in the meantime, he shall not alienate the tractor-

trolley or make use of the same for any unlawful purpose;

(3) That, he shall not carry out any change in the colour and

outward appearance of the said vehicle.

With the aforesaid directions, this petition under Section 482 of

Cr.P.C. stands allowed.