Arvind vs The State Of Madhya Pradesh
2023 Latest Caselaw 1702 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                     BEFORE
                                        HON'BLE SMT. JUSTICE SUNITA YADAV
                                              ON THE 31 st OF JANUARY, 2023
                                         MISC. CRIMINAL CASE No. 46920 of 2022

                          BETWEEN:-
                          ARVIND S/O SHRI RAMMURTI, AGED ABOUT 37 YEARS,
                          VILLAGE BANKEPURA PARGANA GOHAD DISTT BHIND
                          (MADHYA PRADESH)

                                                                                        .....PETITIONER
                          (BY MR. RAHUL BANSAL - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION THROUGH P S GOHAD DISTT BHIND
                          (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (BY MR. VPS TOMAR - PANEL LAWYER)

                                This application coming on for admission this day, the court passed the
                          following:
                                                             ORDER

Present petition under Section 482 of CrPC has been filed against the

order dated 13.9.2022 passed by Special Judge, Dacoity, Gohad, District Bhind (M.P.) in Case No. 174/2022, whereby the application under Section 451 of CrPC filed by the petitioner has been dismissed.

As per prosecution story, on 29.3.2022, complainant filed a report alleging that accused persons namely Arvind Singh, Jitendra Singh, Lalla @ Dhyanendra and Rammurti Gurjar committed robbery of mustard crops and took the same in a tractor-trolley bearing registration No. MP30 AC 0141.

Signature Not Verified Concerned police station seized the tractor-trolley. Thereafter, an application Signed by: ALOK KUMAR Signing time: 01-Feb-23 10:26:02 AM

was filed by the petitioner before learned trial Court for releasing the vehicle on supurdginama which was rejected by the order impugned.

Learned counsel for the petitioner argued that the impugned order is per se illegal and against the settled principle of law laid down by the Apex Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283. Therefore, the petition be allowed and the vehicle in question be released on supurdginama. Further argument is that the petitioner is ready to abide by all the terms and conditions which may be imposed by this Court while releasing the vehicle.

On the other hand, learned State counsel opposed the petition and prayed

for its rejection.

Heard learned counsel for the rival parties and perused the available record.

In the case of Sundarbhai Ambala Desai vs. State of Gujarat, [(2002) 10 SCC 283], the Apex Court has held that "it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time."

That apart, this Court in number of cases has ordered for release of vehicle for the reasons as indicated by the Apex Court in the aforesaid judgment.

Therefore, relying upon the judgment passed by the Apex Court quoted above and after taking into consideration submissions made by rival parties, it is directed that if the petitioner furnishes a personal bond in the sum of Signature Not Verified Signed by: ALOK KUMAR Signing time: 01-Feb-23 10:26:02 AM

Rs.4,00,000/- (Rupees Four Lakh Only) with one solvent surety in the like amount to the satisfaction of the trial Court/Magistrate concerned, then the possession of the tractor-trolley in question be given to the petitioner on on supurdginama during pendency of trial subject to following conditions:-

(i) On verification of requisite documents pertaining to seized tractor-trolley in question, the same shall be released and be handed over to the custody of petitioner on Supurdginama subject to confiscation proceedings;

(ii) Petitioner will not make any change in the appearance of the tractor-trolley in question;

(iii) Petitioner shall not create third party rights over the tractor-trolley in question;

(iv) Petitioner shall produce the tractor-trolley before the trial Court/Magistrate, as and when demanded, on his own cost;

(v) It is made clear that after release of tractor-trolley, if same nature of offence or any offence is committed by using this vehicle, the aforesaid Bank Guarantee shall be forfeited automatically without reference to the Court; and

(vi) This order shall remain in force till final disposal of the case pending before the trial Court/Magistrate and at the time of final

disposal of the case, the trial Court/Magistrate will be at liberty to pass an appropriate order with regard to tractor-trolley in question in accordance with law without getting influenced by this order, subject to confiscation proceedings, as per law.

In the light of above terms, petition under Section 482 of CrPC is accordingly allowed and disposed of.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 01-Feb-23 10:26:02 AM

(SUNITA YADAV) JUDGE AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 01-Feb-23 10:26:02 AM