Suresh Kumar vs State
2021 Latest Caselaw 2505 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Misc(Pet.) No. 569/2021

Suresh Kumar S/o Poona Ram, Aged About 32 Years, B/c Jat,
R/o Raniwal, Police Station Jaitaran Dist. Pali.
                                                                   ----Petitioner
                                    Versus
State, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. J.K. Suthar
For Respondent(s)         :     Mr. Gaurav Singh, 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 criminal misc. petition

praying that the order dated 19.12.2020 passed by learned

Additional Sessions Judge, Sojat, District Pali in Misc. Case

No.315/2020 (Sessions Case No.29/2020), be set aside, whereby

the said court refused to release the XUV Mahendra Jeep bearing

registration No.TN02 AV 7000 Chassis No. MA1YL2HJUC6C78510

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

                     (Downloaded on 30/01/2021 at 08:40:12 PM)
                                                                            (2 of 2)                 [CRLMP-569/2021]


                                   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 misc. petition is

                                   disposed of and the trial court is directed to release XUV Mahendra

                                   Jeep     bearing    registration         No.TN02           AV    7000   Chassis

                                   No.MA1YL2HJUC6C78510 on supardaginama in favour of petitioner

                                   on usual conditions, which the trial court deems fit, provided he

                                   furnishes a bank guarantee of Rs.4,00,000/- 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.

180-Zeeshan

Powered by TCPDF (www.tcpdf.org)