Samrath Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3832 MP

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              HIGH COURT OF MADHYA PRADESH,
                        BENCH AT GWALIOR
                          MCRC-3165-2022
                    (Samrath Singh Vs. State of M.P.)


Gwalior, Dated : 21/03/2022

       Shri Deependra Singh Kushwah, learned counsel for the

petitioner.

       Shri   Nirmal   Sharma,   learned   Public   Prosecutor   for    the

respondent/State.

The present petition under Section 482 of Code of Criminal

Procedure has assailed the order dated 23/11/2021 passed by 3 rd

Additional Sessions Judge, Bhind, District- Bhind (M.P.) in Cr.R

No.153/2021 affirming the order dated 22/10/2021 passed by the JMFC,

Bhind, District- Bhind (M.P.) in Criminal Case No.144/2021, whereby

the application under Sections 451/457 of Cr.P.C. has been dismissed.

The brief facts leading to filing of this case are that FIR was

registered against the petitioner at Crime No.02/2021 by Police Station-

Barohi, District- Bhind (M.P.) for the offences punishable under Sections

379 and 414 of the IPC and further added Sections 3/181 and 5/180 of the

Motor Vehicles Act stating therein that on 09/01/2021, an information

was received from the informer and on that information, the police

reached the spot and found one tractor -trolly bearing Registration

Number- MP30-AA-9384 loaded with sand. Thereafter, the driver of the

said tractor namely- Veer Bahadur @ Bheem Bhadauriya was asked to

show any valid documents of loaded sand but he was not having any

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-3165-2022 (Samrath Singh Vs. State of M.P.)

valid documents and royalty for transporting the said sand. Thereafter, the

said tractor- trolly was seized and the said driver was arrested by the

respondent.

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

application under Section 451/457 of Cr.P.C. before the trial Court for

releasing the tractor- trolly on supurdginama which was dismissed vide

order dated 22/10/2021. Thereafter, the petitioner filed a Criminal

Revision No.153/2021 before the Court of 3 rd Additional Sessions Judge,

Bhind, District- Bhind (M.P.) which was also dismissed vide order dated

23/11/2021.

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

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

and the tractor- trolly 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 fine

has already been imposed by the Collector to the tune of Rs.25,000/- and

the same has been deposited by him and there is no use of keeping the

tractor-trolly 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

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-3165-2022 (Samrath Singh Vs. State of M.P.)

submissions, learned counsel for the petitioner relied upon the judgment

dated 03/08/2021 passed by the Division 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- trolly 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.

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 23/11/2021 passed in Cr.R.

Case No.153/2021 by 3 rd Additional Sessions Judge, Bhind, District-

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-3165-2022 (Samrath Singh Vs. State of M.P.)

Bhind (M.P.) as well as order dated 22/10/2021 passed by JMFC, Bhind,

District- Bhind (M.P.) in Criminal Case No.144/2021 are hereby set-

aside.

It is directed that on proving ownership of tractor- trolly 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 and CJM concerned, the aforesaid

tractor- trolly bearing Registration Number-MP30-AA-9384 be released

on Supurdginama, subject to following conditions :

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

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

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

trolly 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.

Certified copy/e-copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

rahul

Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee473fe 77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159B55 575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.03.22 10:38:08 +05'30'