Smt Seema vs The State Of Madhya Pradesh
2023 Latest Caselaw 16210 MP

                                                               1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE ANAND PATHAK
                                               ON THE 3 rd OF OCTOBER, 2023
                                           CRIMINAL REVISION No. 3389 of 2023

                           BETWEEN:-
                           SMT SEEMA W/O SHRI DILEEP SHARMA, AGED ABOUT
                           40   YEARS, OCCUPATION: GRAHDI R/O GRAM
                           MUSAWALI THANA BHAROLI DISTRICT BHIND
                           (MADHYA PRADESH)

                                                                                            .....PETITIONER
                           (BY SHRI AJAY KUMAR DWIVEDI - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           THANA GOHAD DISTRICT BHIND (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI A.P.S. TOMAR - GOVERNMENT ADVOCATE)

                                 Th is revision coming on for hearing this day, th e court passed the
                           following:
                                                               ORDER

With consent heard finally.

The present petition under Section 397 and 401 of Cr.P.C. has been filed b y the petitioner against the order dated 08.07.2023, whereby the application filed under Sections 451/457 of Cr.P.C. has been rejected.

It is submitted by the learned counsel for the petitioner that the vehicle of petitioner Bajaj motor cycle Platina bearing registration No.MP30MU9650, which has been seized by the police for investigation. Since the vehicle in question is in police custody, therefore, with the time, it would be rusted and

Signature Not Verified would be rendered useless. He relied upon the judgment rendered by the Signed by: VISHAL UPADHYAY Signing time: 03-10-2023 07:31:09 PM

Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat reported in (2002) 10 SCC 283 or AIR 2003 SC 638 and submits that petitioner is ready to undertake all the terms and conditions as imposed by the trial Court including bank guarantee.

Learned Public Prosecutor for the State opposed the prayer and prayed for its dismissal.

Heard learned counsel for the parties and perused the documents appended thereto.

On perusal of the impugned order and fact situation of the case as well as judgment rendered by the Hon'ble Apex Court in the case of Sunderbhai

Ambalal Desai (Supra), this Court is of the considered view that if the petitioner furnishes bank guarantee of Rs.50000/- (Rupees Fifty Thousand) with the conditions that whenever trial Court shall require, the petitioner shall have to produce the vehicle in question before the trial Court and petitioner shall not alienate, dispose, mortgage or alter the condition of the vehicle in any manner, necessary photographs shall be captured of the vehicle in question by the police and shall be submitted before the trial Court which shall be a part of record and if any term and condition is violated, then trial Court shall be at liberty to proceed against the petitioner in accordance with law.

With the aforesaid observation, the present petition stands disposed of.

(ANAND PATHAK) JUDGE Rohit

Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 03-10-2023 07:31:09 PM