Mahendra Soda vs State Of Rajasthan
2021 Latest Caselaw 11224 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 402/2021

1.      Mahendra Soda S/o Joraram, Aged About 40 Years, R/o
        Near Arti Green, Pal Village, Jodhpur.
2.      Hitendra Sharma S/o Jagmohan Sharma, Aged About 33
        Years, R/o Soni Building, Opposite Control Room, Near
        Nai Sadak, Ps Udaimandir, Jodhpur.
3.      Imran S/o Mohd. Iqbal, Aged About 35 Years, R/o
        Lakhara Bazar, In Front Of Suraj Tailor, Jodhpur.
                                                                 ----Petitioners
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Rajesh Choudhary
For Respondent(s)        :     Mr. S.K. Bhati, 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 petitioners have preferred this revision petition praying

that the order dated 16.03.2021 passed by learned Sessions

Judge No.6, Jodhpur Metropolitan in Criminal Misc. Application

No.48/2021 (N.C.V. No.48/2021) be set aside, whereby the said

Court refused to release the mobile phones of the petitioners.

     The learned counsel for the petitioners has stated at Bar that

no confiscation proceedings are pending qua the mobile phones in

question and the same is case property. The learned counsel for

the petitioners has relied upon Sunderbhai Ambalal Desai vs.

                    (Downloaded on 20/07/2021 at 08:57:14 PM)
                                                                                (2 of 2)                   [CRLR-402/2021]



                                   State of Gujarat, (2002) 10 SCC 283, to contend that the

                                   Supreme court has held that the article should not be permitted to

                                   remain in the police station as same 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 mobile phones

                                   in   question    i.e.   (1)      Samsung         Galaxy        M10;   SIM    Number

                                   354075103685792 bearing IMEI Number 354075103685792 to

                                   petitioner      No.1,      (2)       Oppo         11       Pro      Batch    Number

                                   866560030563775 to petitioner No.2, and (3) Vivo 11 Pro to

                                   petitioner No.3 respectively on supardaginama on usual conditions,

                                   which the trial court deems fit, provided each of them furnishes a

                                   bank guarantee of Rs.10,000/- each with the learned 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

                                   petitioners are the owner of the mobile phones in question.


                                                                     (DR.PUSHPENDRA SINGH BHATI),J.

53-Zeeshan

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