Charan Singh vs State
2021 Latest Caselaw 5125 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1602/2019

1. Charan Singh S/o Makand Singh, Aged About 51 Years, B/c Jat Sikh, R/o Chistiyan, Tehsil And District Hanumangarh. (Presently Lodged At District Jail Hanumangarh).

2. Hardeep Singh S/o Bhagwan Singh, Aged About 29 Years, B/c Jat Sikh, R/o Chistiyan, Tehsil And District Hanumangarh. (Presently Lodged At District Jail Hanumangarh).

----Appellants Versus State, Through P.p.

----Respondent

For Appellant(s) : Dr. R.D.S.S. Kharlia For Respondent(s) : Mr. M.R. Pareek, Adv.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

23/02/2021

The matter comes upon an application for releasing the

Motor Cycle bearing No.RJ-31-SJ-2722 to the applicant Sukhdeep

Singh, who is stated to be the registered owner of the said

vehicle.

Learned counsel for the applicant submits that the vehicle of

the applicant does not belong to the accused in criminal appeal

No.1602/2019 and the recovery was not made from the vehicle in

question nor used by the accused. Learned counsel for the

applicant 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

(2 of 3) [CRLAS-1602/2019]

2010(1) Cr.L.R.(Raj.) 507. In the aforesaid judgment, the vehicle

and other articles were seized 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.

I have heard learned counsel for the applicant and learned

Public Prosecutor for the State.

Relying upon the judgment of the Supreme Court in the case

of Sunderbhai Ambalal Desai (supra), present application for

releasing the vehicle of applicant is allowed and the trial court is

directed to release the Motor Cycle bearing No.RJ-31-SJ-2722

seized as case property by imposing following conditions:-

(a) the applicant furnishes a personal bond in the sum of Rs.1,00,000/- each with two sureties of Rs.50,000/- each to the satisfaction of the trial Court undertaking to produce the Motor Cycle No.RJ-31-SJ- 2722 in the Court as and when required to do so.

(b) the applicant shall get the Motor Cycle No.RJ- 31-SJ-2722 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.

(3 of 3) [CRLAS-1602/2019]

(c) the personal bonds of the applicant and bonds of sureties shall carry the photographs of the applicant and his sureties and the bond of sureties shall further carry the photograph of perhaps identifying them before the Court which is with full residential particulars of the sureties and the persons identifying them.

(d) the applicant shall undertake not to transfer the ownership of the Motor Cycle No.RJ-31-SJ-2722 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 applicant will not allow the Motor Cycle No.RJ-31-SJ-2722 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 78-Ishan/-

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