Rajasthan High Court - Jodhpur
Vala Ram vs State on 8 April, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 359/2021
Vala Ram S/o Sh. Bhabhuta Choudhary, Aged About 50 Years,
R/o Mandavla @ Pandavla, Tehsil And District Jalore, Rajasthan.
----Petitioner
Versus
1. State, Through Pp
2. Parakh Singh S/o Roop Singh Rajput, Aged About 24
Years, R/o 471, Bera, Premania, Saphada, P.s. Jalore,
Dist. Jalore, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Chaitanya Gahlot
For Respondent(s) : Mr. S.S. Rajpurohit, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
08/04/2021
Petitioner has filed this criminal revision petition under
Section 397/401 Cr.P.C. to assail the impugned judgment dated
30.03.2021 passed by Learned Additional Sessions Judge, Bali,
Distt. Pali whereby the learned trial Court rejected the application
under Section 451 Cr.P.C., moved by the petitioner for releasing
the vehicle Car Hyundai Creta bearing No.RJ-16-CA-6883.
I have heard learned counsel for the petitioner and learned
Public Prosecutor.
Learned counsel for the petitioner, in support of his
arguments, has placed reliance on a decision of the co-ordinate
Bench of this Court rendered at Jaipur Bench in Prakash Chand Vs.
State of Rajasthan reported in 2010(1) Cr.L.R.(Raj.) 507. In the
aforesaid judgment, the vehicle and other articles were seized
(2 of 3) [CRLR-359/2021]
from the accused for carrying contraband of small quantity just
above the commercial quantity. It is in that background, the Court
has acceded to the prayer of the incumbent and recorded its
finding that solely for the reason that the vehicle and other
articles are likely to be confiscated after trial, conditional release
of the vehicle and other articles on Supurdginama and surety
cannot be denied and interim custody of the vehicle and other
articles can be granted to the incumbent on certain conditions.
Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai
Vs. State of Gujarat reported in 2002 (10) SCC 283 and co-
ordinate Bench of this Court at Jaipur Bench in case of Prakash
Chand (supra) has held that conditional release of the vehicle
cannot be denied.
Accordingly, the instant revision petition is allowed and the
order dated 30.03.2021 is hereby quashed and set aside and the
vehicle Car Hyundai Creta bearing No.RJ-16-CA-6883 in question
is ordered to be released on 'supardgi' till the completion of the
trial upon following conditions:-
(a) the petitioner furnishes a personal bond in the
sum of Rs.4,00,000/- each with two sureties of
Rs.2,00,000/- each to the satisfaction of the trial
Court undertaking to produce the Car in the Court as
and when required to do so.
(b) the petitioner shall get the vehicle Car Hyundai
Creta bearing No.RJ-16-CA-6883 photographed
showing the registration number as well as the
chassis number. Such photograph shall be taken in
the presence of the Investigating Officer, to be kept
on the file of the case.
(c) the personal bonds of the petitioner and bonds
of sureties shall carry the photographs of the
petitioner and his sureties and the bond of sureties
shall further carry the photograph of perhaps
identifying them before the Court which is with full
(3 of 3) [CRLR-359/2021]
residential particulars of the sureties and the persons
identifying them.
(d) the petitioner shall undertake not to transfer the
ownership of the vehicle Car Hyundai Creta bearing
No.RJ-16-CA-6883 and not to lease it to anyone and
not to make or allow any changes in it to be made so
as to make unidentifiable.
(e) the petitioner will not allow the vehicle Car
Hyundai Creta bearing No.RJ-16-CA-6883 to be used
for any antisocial activities including for the purpose
of carrying narcotics which may constitute offence
under the NDPS Act."
(MANOJ KUMAR GARG),J
47-priyal/-
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