Madhya Pradesh High Court
Usha vs State Of Madhya Pradesh on 27 June, 2023
Author: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 27 th OF JUNE, 2023
MISC. CRIMINAL CASE No. 27476 of 2023
BETWEEN:-
USHA W/O VIJENDRA BELTHARE, AGED ABOUT 44
YEARS, OCCUPATION: HOUSE WIFE, HOUSE NO. 297,
KRISHNA NAGAR, JAIL ROAD NEAR HANUMAN
MANDIR BHOPAL, DISTRICT BHOPAL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI JAYANT PRAKASH PATEL - ADVOCATE FOR PETITIONER)
AND
STATE OF MADHYA PRADESH THROUGH AARAKSHI
KENDRA MAHULJHIR, DISTRICT CHHINDWARA
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI A.S. PATHAK - GOVT. ADVOCATE FOR RESPONDENT/STATE)
This petition coming on for hearing this day, the court passed the
following:
ORDER
Petitioner has filed this miscellaneous criminal case under Section 482 of
the Code of Criminal Procedure challenging the order dated 02.03.2023, by
which application filed by petitioner for release of vehicle Duster Car bearing
registration No.MP-04-CK-1503 on interim custody was dismissed by the
Court below.
2. Counsel appearing for the petitioner submitted that as per the
prosecution, on 27.12.2020, on receiving the information of the accident, the
station in-charge Mahuljhir went to the spot and saw that 10 feet below the road
Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 28-06-2023
13:24:03
on the right side from Jhirpa a blue colored Eon car bearing registration number
ASO 1 BB 8102 was parked whose all gates were locked and a person was
seen in a dead conditionin the car. On investigation by the police, it was also
found that a Duster car with registration number MP 04-CK-1503 of Nissan
Company was found to be following behind the car of the deceased and the e-
registration of the car in MP transport e-Service was in the name of Naresh
Gurjar on 15.11.2012, it was further informed that the car was sold to Usha
Bilthare/Applicant and thereafter again being used by him, due to which its
ownership has been disputed. After investigation, offenses under sections 302,
201, 120B /.34 IPC were registered against the accused. Petitioner has filed an
application under Section 457 of Cr.P.C. for release of said vehicle on
supurdaginama. Said application has been rejected vide impugned order dated
02.03.2023. Counsel for the petitioner relied on judgment passed by the Apex
Court in case of (2002) 10 SCC 290 [Sunderbhai Ambalal Vs. State of
Gujarat] and prayed for release of vehicle on interim custody.
3. Government Advocate appearing for State opposed the petition.
4. Counsel appearing for petitioner submitted that petitioner will maintain
the vehicle in the same condition and will produce the same before the trial
Court as and when required. It is further submitted that petitioner will not create
any third party interest in vehicle. Counsel for the petitioner submitted that
vehicle may be released during the pendency of trial.
5. Heard the counsel for the parties.
6. Trial Court has only shown his apprehension and on basis of such
apprehension, order has been passed. If vehicle is allowed to remain at police
station, same will be damaged which will cause loss to the property belonging
Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 28-06-2023
13:24:03
to petitioner.
7. In view of the judgment passed by the Apex Court in case of (2002)
10 SCC 290 [Sunderbhai Ambalal Vs. State of Gujarat] a n d 2009 (2)
MPLJ 11 [Umashankar Usrete Vs. State of MP], impugned order dated
02.03.2023 is hereby set aside. It is directed that Duster Car bearing registration
No. MP-04-CK1503 be released on supurdiginama subject to producing the
original registration, sale-letter and such necessary documents, on satisfying the
following conditions:-
(i) That, the petitioner shall furnish a personal bond in the sum of
Rs.1,00,000/- (Rs. One Lakh Only) with one solvent surety in the like amount
to the satisfaction of the trial Court on an undertaking to produce the said
vehicle before the trial Court as and when required.
(ii) That, the petitioner shall get the vehicle photographs showing the
registration number as well as the chassis number of the vehicle. Such
Photographs shall be taken in the presence of the responsible Officer, who will
be deputed by the trial Court and to be kept in the file of the case.
(iii) That, the personal bond of the petitioner as well as surety shall carry
the photographs of the both and the bond of surety shall further carry the
photograph of person identifying him before the Court which would be with full
residential proof of the surety and the person identifying him.
(iv) That, the petitioner shall undertake not to transfer the ownership of
the vehicle and shall not lease it to anyone and not make or allow any changes in
it to be made so as to make unidentifiable.
(v) That, the petitioner will not allow the vehicle to be used in any anti-
social activities.
(vi) In the event of confiscation order by the Court competent, the
Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 28-06-2023
13:24:03
petitioner shall keep the vehicle present positively for confiscation.
(vii) The petitioner is also directed to produce the Bank Guarantee of
Rs.1,00,000/- (Rs. One Lakh Only) for two years before the concerned trial
Court for the aforesaid purpose.
8. Trial Court will take final decision regarding disposal of property at the
time to passing of judgment in criminal case.
9. With the aforesaid directions, this M.Cr.C. stands disposed off.
10. A copy of this order be sent to the learned trial Court concerned for
necessary compliance.
Certified copy as per rules.
(VISHAL DHAGAT)
JUDGE
sp/-
Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 28-06-2023
13:24:03
