Rajasthan High Court - Jodhpur
Bhoor Singh vs State on 27 January, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 131/2020
Bhoor Singh S/o Jugat Singh, Aged About 40 Years, B/c
Rajpurohit, R/o Village Mahabar, P.s. Sadar Barmer, Barmer.
----Petitioner
Versus
State of Rajasthan through Pp
----Respondent
Connected With
S.B. Criminal Revision Petition No. 132/2020
Gautam Singh S/o Kaan Singh, Aged About 33 Years, B/c
Rajpurohit, R/o Village Mahabar, P.s. Sadar Barmer, Barmer.
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Siddharth Karwasra
For Respondent(s) : Mr. Sumer Singh Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27/01/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
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, 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.
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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 out of the
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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.
(DR.PUSHPENDRA SINGH BHATI),J.
170-171 Zeeshan
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