Ramesh Kumar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 16857 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                               ON THE 11 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 12037 of 2023

                           BETWEEN:-
                           RAMESH KUMAR SINGH S/O LATE SHRI KESHAV
                           SINGH, AGED ABOUT 47 YEARS, OCCUPATION: NOKRI
                           R/O BARHPUR KUWAR HURIYA DISTRICT BASTI
                           (UTTAR PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI RABENDRA KUMAR TIWARI - ADVOCTE)

                           AND
                           THE STATE OF MADHYA PRADESH THRUOGH NOT
                           MENTION (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (BY SHRI C.S. PARMAR - GOVERNMENT ADVOCATE)

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

Petitioner has filed this petition under section 482 of the Cr.P.C.

challenging the order dated 03.02.2023 by which his application for grant of supurdginama was rejected. Further prayer was made for release of vehicle of Hyundai Creta Car bearing registration No. UP 32 MJ 3335 on supurdginama.

2. Counsel appearing for petitioner submitted that vehicle was seized from Satya Prkash. Petitioner is owner of vehicle. Earlier application was filed for release of vehicle in favour of petitioner Ramesh Kumar through Power of Attorney holder Ravi Prakash Singh. Earlier application was dismissed on

Signature Not Verified ground that an agreement entered into between petitioner and Satya Prakash in Signed by: PANKAJ NAGLE Signing time: 12-10-2023 16:33:19

which it has been mentioned that said agreement has been cancelled. No details regarding said crime were placed before the court, therefore, application was dismissed. Petitioner has filed copy of agreement. As per said agreement, petitioner has given his vehicle for used to Satya Prakash Singh and said vehicle has been seized from him. It is further submitted that petitioner is owner of vehicle and same will be damaged, if it is kept in Police Station. In these circumstances, vehicle may be handed over to petitioner. He is ready to abide by all the imposed upon him.

3. Learned Government Advocate opposed the prayer made by counsel for petitioner. It is submitted that vehicle may be used in commission of crime,

therefore, said vehicle may not be handed over to the petitioner.

4. Heard counsel for the parties.

5. There is no material available in the earlier order passed by District Magistrate that vehicle can again be used for commission of crime. It has been stated by counsel for petitioner that petitioner is doing service and he is not a criminal. He is ready to follow all the conditions imposed by the Court.

6. Considering the law laid down 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 03.02.2023 is hereby set aside. It is directed that vehicle (Creta Hyundai) bearing registration No.UP 32 MJ 3335 be released on supurdiginama subject to producing the original registration, sale-letter and such necessary documents, on satisfying the following conditions:-

(i) That, the applicant shall furnish a personal bond in the sum of Rs.2,00,000/- (Rs. Two Lakhs Only) with one solvent surety in the like Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 12-10-2023 16:33:19

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 applicant shall get the vehicle photographed 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 applicant 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 applicant 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 applicant 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 applicant shall keep the vehicle present positively for confiscation.

(vii) The applicant is also directed to produce the Bank Guarantee of Rs.2,00,000/- (Rs. Two Lakhs Only) for two years before the concerned trial Court for the aforesaid purpose.

7. Trial Court will take final decision regarding disposal of property at the time to passing of judgment in criminal case.

8. With the aforesaid directions, this M.Cr.C. stands disposed of.

9. A copy of this order be sent to the learned trial Court concerned for necessary compliance.

Certified copy as per rules.

Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 12-10-2023 16:33:19

(VISHAL DHAGAT) JUDGE pn

Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 12-10-2023 16:33:19