Rajasthan High Court - Jodhpur
Revta Ram vs State Of Rajasthan on 9 April, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2081/2021
Revta Ram S/o Prahlad Ram, Aged About 40 Years, Resident Of
Village Bhomaniyo Ki Dhani, Lapla, Kosariya, P.s. Baytu, Dist.
Barmer. At Present Residing 58 Mahaveer Nagar, Survey No.
132, Meghpar Borichi Taluka Anjar, Dist. Kutch (Gujrat).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.J. Punia
For Respondent(s) : Mr. S.K. Bhati PP for the State.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/04/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
At the outset, learned counsel for the petitioner submits that
pertaining to the same Sessions Case i.e. Sessions Case
No.337/2017 (103/2017) - State Vs. Gautam Singh, this Court
had decided S.B. Criminal Revision Petition No.131/2020 -
Bhoor Singh Vs. State- connected with S.B. Criminal
Revision Petition No.132/2020 - Gautam Singh Vs. State
(both decided on 27.01.2021). The said order dated
27.01.2021 reads as under:
"The petitioners have preferred these revision
petitions praying that the order dated 09.01.2020
passed by learned Special Court, Scheduled Caste and
Scheduled Tribe (Removal of Atrocities Cases), Barmer
in Sessions Case No.337/2017 (103/17), be set aside,
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whereby the said court refused to release the Diesel
Tankers bearing registration Nos. RJ04 GA 3348, RJ04
GA 5428, RJ19 GA 4574, RJ04 GA 6019, RJ19 GE
7719 and RJ19 GD 9949 to the petitioners.
Learned counsel for the petitioners has relied
upon the judgment rendered by the Hon'ble Apex
Court in Sunderbhai Ambalal Desai vs. State of
Gujarat, (2002) 10 SCC 283, to contend that the
Supreme court has held that the vehicle should not be
permitted to remain parked in the police station as
same shall gather rust and shall not remain useful.
Learned counsel for the petitioners further
submits that the District Collector has already passed
an order of not releasing the vehicles in accordance
with Section 6 of Essential Commodities Act. He also
submits that the competent court has also refused to
release the vehicles in question.
Learned Public Prosecutor opposes and submits
that if at all the vehicles are to be release then subject
to the final outcome, certain bank guarantee may be
directed to be submitted by the petitioners so that in
case, any penalty has to be implemented at the end of
the proceedings, the same can be discharged out of
the bank guarantee.
Relying upon the judgment of Supreme Court in
the case of Sunderbhai Ambalal Desai (supra), the
present misc. petitions are allowed and the trial court
is directed to release the Diesel Tankers bearing
registration Nos. RJ04 GA 3348, RJ04 GA 5428, RJ19
GA 4574, RJ04 GA 6019, RJ19 GE 7719 and RJ19 GD
9949 in favour of petitioners on usual conditions,
which the trial court deems fit, provided they furnish a
bank guarantee of Rs.5,00,000/- per diesel tanker
before the learned trial court. The bank guarantees in
question shall be subject to the final outcome of the
proceedings before the learned trial court, and in case,
any financial liability is created upon the petitioners
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out of the proceedings, the same may be discharged
out of these bank guarantees by the learned trial court
at its discretion.
Needless to say, trial court shall make
verification that the petitioners are registered owners
of the vehicles in question."
In light of the aforequoted order, the present petition is
allowed in the same terms and the trial court is directed to release
the vehicle bearing registration No. GJ 12 - AZ-1414 in favour of
petitioner on usual conditions, which the trial court deems fit,
provided he furnishes a bank guarantee of Rs.5,00,000/- before
the learned trial court. The bank guarantee in question shall be
subject to the final outcome of the proceedings before the learned
trial court, and in case, any financial liability is created upon the
petitioner out of the proceedings, the same may be discharged out
of the said bank guarantee by the learned trial court at its
discretion.
Needless to say, the learned trial court shall make
verification that the petitioner is a registered owner of the vehicle
in question.
(DR.PUSHPENDRA SINGH BHATI),J.
32-SKant/-
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