Ateek Khaa vs The State Of Madhya Pradesh
2023 Latest Caselaw 1986 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                                CRA No. 6438 of 2021
                (ATEEK KHAA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 03-02-2023
       Shri Sushil Goswami, learned counsel for the appellants.

       Shri Shiraz Qureshi, learned Public Prosecutor for the respondent/State.

Heard on I.A. No.17191/2022, which is an application for release of vehicle bearing No.MP67-MB-6339 a two wheeler motorcycle.

The appellant No.1-Ateek alongwith co-accused Pawan Raghuvanshi stood convicted under Section 366 of IPC and sentenced to undergo 05 years RI with fine of Rs.2500/- and under

Section 376-D of IPC and sentenced to undergo 20 years RI with fine of Rs.5000/- and under Section 450 of IPC and sentenced to undergo 05 years RI with fine of Rs.2500/- with default

stipulations respectively vide judgment of conviction and order of sentence dated

30/09/2021 passed by the First Additional Sessions Judge, Ashoknagar in Sessions Case no.108/2018.

On 25.04.2022, this Court had suspended the sentence of appellant on terms and conditions stipulated therein. The aforesaid vehicle has been seized during investigation vide seizure memo dated 24.05.2018 (Ex.P/10).

Learned counsel for the appellants submits that the vehicle standing at the

police station under open sky is deteriorating day by day due to exposure to climatic condition. Therefore, during pendency of trial, vehicle may be released on the terms and conditions this Court deems fit and proper.

Per contra, learned Panel lawyer for the respondent-State opposes the application supporting the order impugned.

Upon hearing learned counsel for the parties, this Court is of the view that release of vehicle shall in no way affect the pending appeal. Accordingly, the confiscated vehicle be released on furnishing surety of Rs.30,000/- (Rs.

Thirty Thousand only) on supardginama with following terms and conditions:

(i) Motorcycle bearing Registration No.MP67-MB-6339 be released by the concerned Police Station within a period of ten days from the date of presentation of certified copy of the order passed by this Court today in favour of the appellant ;

(ii) at the time of release on Supardgi, the aforesaid authority shall ensure to take note of chasis number and engine number of the aforesaid vehicle and keep on record;

(iii) the appellant shall neither alter or change the condition of the aforesaid vehicle in any manner whatsoever during pendency of the litigation;.

(iv) the appellant shall not create any third party rights over the aforesaid vehicle;

(v) the appellant shall not fiddle with or scratch or erase numbers engraved in the chasis and engine of the vehicle;

(vi) in the event, all or any of the aforesaid conditions are found to have been violated, the respondent/State is at liberty to move this Court to such modification/variation of the order passed by this Court today.

With the aforesaid, this application stands disposed of. Certified copy as per rules.

   (ROHIT ARYA)                                        (MILIND RAMESH PHADKE)
      JUDGE                                                     JUDGE

neetu
        NEETU
        SHASHANK
        2023.02.03
        17:57:45
        +05'30'