Mithu Khan vs State Of Rajasthan
2021 Latest Caselaw 11116 Raj

(1 of 2) [CRLMP-3401/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3401/2021

Mithu Khan S/o Shri Ala Jiwaya, Aged About 49 Years, R/o 07 Kyd, Tehsil Khajuwala, District Bikaner Through Power Of Attorney Holder Vinod Kumar S/o Shri Dharamveer, Aged About 32 Years, R/o Chak 24 B.d., Tehsil Khajuwala, District Bikaner (Raj.)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Vijay Bishnoi For Respondent(s) : Mr. M.S. Bhati, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

19/07/2021

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.

Learned counsel for the petitioner submits that Mithu Khan is

before this Court through the power of attorney holder Shri Vinod

Kumar. Learned counsel for the petitioner thus submits that this

petition represents both Mithu Khan and Vinod Kumar.

The petitioner has preferred this criminal misc. petition

praying that the order dated 03.07.2021 passed by learned

Additional Sessions Judge, Raisinghnagar, District Sriganganagr in

Criminal Misc. Case No.239/2021 (CIS No.17/2021) be set aside,

whereby the said Court refused to release the vehicle Tata Trailer

bearing registration No.RJ-07-GC-9613 to the petitioner.

(2 of 2) [CRLMP-3401/2021]

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.

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 misc. petition is

allowed and the trial court is directed to release the vehicle Tata

Trailer bearing registration No.RJ-07-GC-9613 on supardaginama in

favour of petitioner on usual conditions, which the trial court

deems fit, provided he furnishes a bank guarantee of

Rs.7,00,000/- 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

47-Sudheer/-

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