Bhanwarlal vs State Of Rajasthan
2021 Latest Caselaw 11198 Raj

(1 of 2) [CRLMP-2518/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2518/2021

Bhanwarlal S/o Nemaram, Aged About 17 Years, R/o Ward No. 15, Didwana, Teh. Didwana, Dist. Nagaur.

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


For Petitioner(s)         :    Mr.SK Verma.
For Respondent(s)         :    Mr.Gaurav Singh, PP.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

20/07/2021

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 misc. petition praying that

the order dated 20.4.2021 passed by learned Additional District &

Sessions Judge, Didwana, District Nagaur in connection with FIR

No.16/2021 registered at Police Station Jaswantgarh, Nagaur be

set aside, whereby the said Court refused to release the Mahindra

Bolero Maxi Truck bearing registration No.RJ37 GA 4798.

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.

(2 of 2) [CRLMP-2518/2021]

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 Mahindra

Bolero Maxi Truck bearing registration No.RJ37 GA 4798 on

supardaginama in favour of petitioner on usual conditions, which the

trial court deems fit, provided he furnishes a bank guarantee of

Rs.6,00,000/- with the trial court. The disposal of the bank

guarantee shall be in accordance with the final directions to be

passed by the learned trial court after conclusion of the trial.

Needless to say, trial court shall make verification that the

petitioner is a registered owner of the vehicle.

(DR. PUSHPENDRA SINGH BHATI),J

156-SPhophaliya/Jitender/-

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