Hanumant Jatav vs The State Of Madhya Pradesh
2024 Latest Caselaw 3298 MP

Madhya Pradesh High Court

Hanumant Jatav vs The State Of Madhya Pradesh on 5 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 726 of 2023 (HANUMANT JATAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 05-02-2024 Shri Prashana Namdeo - Advocate for the appellant through Video

Conferencing.

Shri Ved Prakash Tiwari - Government Advocate for the State of M.P. Shri Ajay Gupta - Senior Counsel with Shri Rajeev Mishra- Advocate for applicant in I.A. No.7319 of 2023.

Shri Ajay Gupta, learned Senior Counsel with Shri Rajeev Mishra, applicant in I.A. No.7319 of 2023 filed under Section 457 of Cr.P.C. for handing over the vehicle to vehicle owner on 'Supurdiginama'.

Heard learned counsel for the parties on aforesaid interlocutory application.

Shri Ajay Gupta, learned Senior Counsel submits that the court below in Para 232 of the impugned judgment has made it clear that the bus can be handed over to the owner of the vehicle subject to direction of the appellate Court. It is submitted that this applicant is the owner of the vehicle.

Learned Government Counsel after obtaining written instructions informed the court that this applicant is indeed owner of the vehicle M.P. -04- PA-3798.

In view of judgments reported in (2002) 10 SCC 283 (Sunderbhai Ambalal Desai and C.M. Mudaliar Vs. State of Gujarat) decided on 01.10.2002, no useful purpose would be served in keeping the vehicle still in custody.

Learned counsel for the appellant is unable to show any justifiable reason

for not releasing the vehicle on 'Supurdiginama'.

Considering the aforesaid, we deem it proper to direct the court below to release the vehicle as per the terms and conditions deemed fit by the Court below on 'Supurdiginama'. Registry shall send photocopies of the relevant documents to the Court below to enable it to hand over the vehicle on 'Supurdiginama' on appropriate terms.

I.A. No.7319 of 2023 stands disposed of.

Paper book be prepared within two weeks.

                                (SUJOY PAUL)                                               (VIVEK JAIN)
                                   JUDGE                                                      JUDGE

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