Durga Ram Jakhar vs State
2021 Latest Caselaw 2768 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 635/2020

Durga Ram Jakhar S/o Shri Achla Ram Jakhar, Aged About 22
Years, R/o Jakharo Ki Dhani, Village Luna Kalla, Tehsil Sindhari,
District Barmer.
                                                                      ----Petitioner
                                   Versus
State, Through Pp
                                                                 ----Respondent


For Petitioner(s)        :     Mr. Vijay Raj Bishnoi
For Respondent(s)        :     Mr. S.S. Rajpurohit, PP a/w Mr.
                               Avinash Godara, for the State



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

02/02/2021
1.   In wake of onslaught of COVID-19, abundant caution is being

taken while hearing the matters in Court.

2.   Application for early hearing is allowed. With the consent of

learned counsel for the parties, the matter has been heard today.

3.   The petitioner has preferred this criminal misc. petition

praying that the order dated 14.08.2020 passed by learned

Special Judge, POCSO Act Cases, Balotra, District Barmer in Misc.

Case No.115/2020, be set aside, whereby the said court refused

to release the motorcycle bearing registration No.RJ-39-SC-4980

to the petitioner. The said vehicle was seized in connection with

FIR No.132/2020 registered at P.S. Sindhari, District Barmer.

4.   The learned counsel for the petitioner states at Bar that

no   confiscation   proceedings         are     pending         qua    the   vehicle

in-question and the same is case property. The learned counsel for

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                                                                            (2 of 2)                [CRLR-635/2020]


                                   the petitioner has relied upon 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.


                                   5.    Learned PP is not in a position to refute the above position.


                                   6.    Relying upon the judgment of Supreme Court in the case of

                                   Sunderbhai Ambalal Desai (supra), the present petition is allowed

                                   and the trial court is directed to release motorcycle bearing

                                   registration No.RJ-39-SC-4980 on supardaginama in favour of

                                   petitioner on usual conditions, which the trial court deems fit,

                                   provided he furnishes a bank guarantee of Rs.30,000/- before the

                                   trial court.


                                   7.    Needless to say, trial court shall make verification that the

                                   petitioner is a registered owner of the said vehicle.



                                                                 (DR.PUSHPENDRA SINGH BHATI),J.

262-Sudheer/-

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