Jaspal Singh vs State
2021 Latest Caselaw 2504 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
            S.B. Criminal Revision Petition No. 380/2020

Jaspal Singh S/o Gurdayal Singh, Aged About 39 Years, B/c Jat
Sikh,   R/o   Chabhalkalla,        Baghelsingh          Wala,    Police   Station
Chambalkalla, District Tarantaaran, Punjab. (Vehicle Owner
Vehicle Truck Registration No. PB- 08AW9784)
                                                                   ----Petitioner
                                    Versus
State of Rajasthan.
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Aditya Singh Rathore
For Respondent(s)         :     Mr. Vikram Sharma, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

29/01/2021

     In wake of onslaught of COVID-19, abundant caution is being

taken while hearing the matters in Court.

     The petitioner has preferred this petition praying that the

order dated 13.02.2020 passed by learned Additional District

Judge, Ratangarh, District Churu in Misc. Case No.9/2020 in

Sessions Case No.6/2019, be set aside, whereby the said court

refused to release the truck bearing registration No.PB08 AW 9784

to the petitioner.

     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


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                                   parked in the police station as same shall gather rust and shall not

                                   remain useful.

                                         Learned Public Prosecutor is not in a position to refute the

                                   above position.

                                         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 the truck bearing

                                   registration No.PB08 AW 9784 on supardaginama 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 trial court.

                                         Needless to say, trial court shall make verification that the

                                   petitioner is a registered owner of the vehicle.



                                                                 (DR.PUSHPENDRA SINGH BHATI),J.

185-Zeeshan

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