Madhya Pradesh High Court

Subhash vs The State Of Madhya Pradesh on 6 May, 2024

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                    CRA No. 10534 of 2019
                                              (SUBHASH Vs THE STATE OF MADHYA PRADESH)

                         Dated : 06-05-2024
                               Shri Harshwardhan Pathak, learned counsel for the appellant.

                               Shri Mukesh Parwal, learned Govt. Advocate for the respondent/State.

1. Heard on I.A. No.4029/2024, which is an application under Section 452 read with Section 482 of the Cr.P.C. to release the motorcycle Hero HF Delux bearing registration No. MP 09 MQ 6863 seized from the appellant on

supurdagi, as the trial court while disposing of the case in para 58 of the judgement, had observed that the motorcycle seized from the appellant shall be subject to the final judgment passed by the Appellate court.

2. Counsel for the appellant has submitted that the motorcycle was seized on 02.1.2019 and no purpose would be served to further keep it in custody as it might be possible that the motorcycle must have been rendered un-plyable on account of its defuse and rough weather condition.

Counsel for the respondent/State has submitted that appropriate order may be passed.

In view of the same, this Court is inclined to allow the application and it is submitted that subject to condition as imposed by the trial court, the motorcycle Hero HF Delux bearing registration No. MP 09 MQ 6863 be released to the appellant on supurdagi as early as possible.

With the aforesaid, the I.A. No.4029/2024 stands allowed and closed.

(SUBODH ABHYANKAR) JUDGE

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