Pawan vs State Of Rajasthan
2021 Latest Caselaw 11035 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
              S.B. Criminal Revision Petition No. 349/2021

Pawan S/o Sita Ram, Aged About 22 Years, R/o Bodva, Tehsil
Jayal District Nagaur.
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, 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

16/07/2021

     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.

     The petitioner has preferred this revision petition praying

that the order dated 12.01.2021 passed by learned Sessions

Judge, Merta in Criminal Misc. Case No.01/2021 Sessions Case

No.02/2021 be set aside, whereby the said Court refused to

release the vehicle Mahindra Scorpio No. RJ21 UB 6247 Engine

No.HFB4B31025        Chassis       No.      MA1TA2HFNB2B20115             to   the

petitioner.

     The learned counsel for the petitioner has stated 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


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                                   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 Public Prosecutor is not in a position to refute the

                                   above position.

                                         Relying upon the judgment of the Supreme Court in the case

                                   of Sunderbhai Ambalal Desai (supra), the present petition is

                                   allowed and the trial court is directed to release the vehicle

                                   Mahindra Scorpio No. RJ21 UB 6247 Engine No.HFB4B31025

                                   Chassis No. MA1TA2HFNB2B20115 on supardaginama in favour of

                                   petitioner on usual conditions, which the trial court deems fit,

                                   provided he furnishes a bank guarantee of Rs.10,00,000/- with

                                   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.

46-Zeeshan

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