Kishan Lal vs State Of Rajasthan
2021 Latest Caselaw 10587 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Misc(Pet.) No. 2701/2021

Kishan Lal S/o Shri Ganesh Lal Khatik, Aged About 36 Years,
Pari, Police Station Bhopalsagar, Presently Residing At Kamlod,
Debari, Tehsil Mawli, District Udaipur.
                                                                           ----Petitioner
                                       Versus
State Of Rajasthan, Through P.p.
                                                                      ----Respondent


For Petitioner(s)             :    Mr. Sangram Singh
For Respondent(s)             :    Mr. Gaurav Singh PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                        Order

12/07/2021
1.   In wake of second surge in the COVID-19 cases, abundant

caution is being maintained, while hearing the matters in Court,

for the safety of all concerned.

2.   This criminal misc. petition under Section 482 Cr.P.C. has

been preferred against the order dated 22.04.2021 passed by

learned    Additional      Chief     Judicial      Magistrate,            Mawli,   District

Udaipur,   wherey       the       learned      Magistrate           has    rejected    the

application of the petitioner under Sections 451 & 457 Cr.P.C. for

releasing the vehicle i.e. Maruti Alto Car No.RJ 12 CA 0350 on

superdaginama.

3.   The learned counsel for the petitioner stated at Bar that no

confiscation proceedings are pending qua the Maruti Alto Car

No.RJ 12 CA 0350 and the same is case property of case FIR

No.67/2021 registered at Police Station Dabok, District Udaipur.


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                                   4.   Heard the learned counsel for the parties.

                                   5.   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.

                                   6.   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 Maruti Alto Car

                                   bearing registration No.RJ 12 CA 0350 seized as case property by

                                   imposing following conditions:-

                                        a) That the petitioner shall keep the vehicle so released
                                        intact and shall not change its identification.
                                        b) That the petitioner shall produce the vehicle as and when
                                        trial court requires the same for proposed identification of
                                        the case property.
                                        c) That the petitioner shall execute Supurdaginama/
                                        indemnity bond and bonds by two sureties to the satisfaction
                                        of the trial court.
                                        (d) The trial court is empowered to impose any or other
                                        conditions in the Supurdaginama/indemnity bond and surety
                                        bonds to be furnished by the petitioner and sureties, which it
                                        may deem fit.


                                   7.   Needless to say, trial court shall make verification that the

                                   petitioner is a registered owner of the vehicle.


                                                                 (DR.PUSHPENDRA SINGH BHATI),J.

34-SKant/-

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