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Madhya Pradesh High Court
Deepak vs The State Of Madhya Pradesh on 15 January, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:1369
1 MCRC-23410-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 15th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 23410 of 2025
DEEPAK
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Tarun Kushwah - Advocate for the applicant.
Shri Hemant Sharma -GA appearing on behalf of respondent/State.
ORDER
1. This petition is filed under Section 528 Of B.N.S.S.2023/482 of the
Cr.P.C against the order dated 5/5/2025 passed by the learned Sessions
Judge, District Ratlam in Cr.R.No.41/2025 arising out of the order dated 8-4-
2025 passed by the JMFC, District Ratlam, in crime No.94/2025, whereby,
the application under sections 497,503 of the B.N.S.S/ Cr.P.C for release of
Truck bearing registration No.RJ-09 GB-1119 on "Supurdgi", has been
rejected.
2. Learned counsel for the petitioner submits that the aforesaid vehicle has
been seized by the police in crime no.94/2025 registered at police station
Bilpank District-Ratlam under sections 4, 6,9 of M.P. Govansh Pratished
Adhiniyam, 2004; Section 11 (1) (D) of the Prevention of Cruelty to
Animals Act, 1960. It is alleged that the said vehicle was being used in the
commission of the aforesaid offence.
3. Learned counsel for the petitioner also submits that the petitioner is a
registered owner of the vehicle and he is ready to comply with the condition
imposed by this Court. It is further submitted that the cost of vehicle is
approximately Rs.7,00,000/-.
4. Counsel for the petitioner further submits that after considering the
NEUTRAL CITATION NO. 2026:MPHC-IND:1369
2 MCRC-23410-2025
provisions of MP Govansh Vadh Pratished Adhiniyam and Rules framed
therein of 2012, the co-ordinate bench of this court in the case of Sarvan and
Anr Vs. State of MP passed in M.Cr.C No.593/2015 dated 24.08.2015 held
that during the pendency of the trial, the vehicle in question can be released
on interim custody to the petitioner.
5. Counsel for the petitioner has also drawn the attention of this Court to a
recent decision rendered by the Full Bench of this Court at Jabalpur in the
case of Ramlal Jhariya Vs. The State of Madhya Pradesh & Others passed in
W.P. No.11356 of 2024 and other connected petitions dated 21.04.2025,
wherein the issue of confiscation of vehicle has been settled by the Full
Bench, and it has been held that such confiscation is bad in law when the
criminal case is still pending before the concerned Court.
6. Counsel for the State has not disputed the aforesaid legal proposition.
7. After hearing learned counsel for the parties and taking into
consideration to a recent decision rendered by the Full Bench of this Court at
Jabalpur in the case of Ramlal Jhariya (supra) and the various judgments
passed by this court and in the case of Raees (supra) and Sarwan (supra), I
am of the view that the present petition deserves to be allowed with the
following conditions:-
"1. The petitioner shall file a copy of the registration card to
establish that he is the registered owner of the vehicle in question
and the trial court shall verify the same and if the petitioner is the
registered owner of the vehicle, the same shall be released on
interim custody to the petitioner on Superdagi to the tune of
Rs.7,00,000/- to the satisfaction of the concerned magistrate.
2. He will furnish an undertaking that he will not alienate or
transfer the vehicle during the pendency of the trial or till the
confiscation proceedings are completed.
3. He will not commit any crime under the provisions of MP
Govansh Vadh Pratished Adhiniyam, 2004 till the matter is
decided.
4. He shall not change its appearance, colour etc and he shall
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produce the vehicle whenever is directed by the Criminal Court or
by the Magistrate as the case may be."
8. Breach of the condition would entail cancellation of the interim
custody automatically
9. In view of the same, this Court is inclined to allow the present petition,
and accordingly, impugned orders dated 5.5.2025 and 8.4.2025 are hereby
quashed, and it is directed to the respondents to release the petitioner's Truck
bearing registration No.RJ-09-GB-1119 on his furnishing adequate surety to
the satisfaction of the trial Court.
10. With the aforesaid observation and direction, the present petition
stands disposed of.
(SUBODH ABHYANKAR)
JUDGE
das
