Maan Singh vs State Of Rajasthan
2021 Latest Caselaw 2942 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 756/2021

Maan Singh S/o Bhawani Singh, Aged About 28 Years, Plot No.
52, Shree Govind Nagar First, Niwaru Road Jhotwara, Jaipur
Through Power Of Attorney Holder Maan Singh S/o Jagdish Singh
Sekhawat Aged About 26 Years, R/o Ward No. 12, Harnath Singh
Dhani Ranoli, Tehsil Dantaramgarh, District Sikar, Rajasthan.
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent


For Petitioner(s)        :     Mr. Mahaveer Singh
For Respondent(s)        :     Mr. Farzand Ali, GA cum AAG, a/w Mr.
                               Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

03/02/2021
1.   In wake of onslaught of COVID-19, abundant caution is being

taken while hearing the matters in Court.

2.   The petitioner has preferred this criminal misc. petition

praying that the order dated 06.11.2020 passed by learned

Additional Session Judge, Pali in Criminal Revision No.66/2020,

whereby the judgment dated 27.10.2020 passed by learned

Judicial Magistrate No.2, Pali has been affirmed, be set aside,

whereby the said courts refused to release the Bolero Camper

bearing registration No.RJ-14-GK-9809 to the petitioner. The said

vehicle was seized in connection with FIR No.96/2020 registered

at P.S. Industrial Area, District Pali for the offence under Section

399 & 402 of IPC and Section 3/25 of Arms Act.



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                                   3.   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

                                   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.


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


                                   5.   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 vehicle Bolero Camper

                                   bearing registration No.RJ-14 GK-9809 on supardaginama in favour

                                   of petitioner on usual conditions, after ascertaining the ownership

                                   of the vehicle, which the trial court deems fit, provided he

                                   furnishes a solvent security in the sum of Rs.3,00,000/- with one

                                   surety in the like amount.


                                                                 (DR.PUSHPENDRA SINGH BHATI),J.

259-Sudheer/-

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