Gopal Lal Kumhar vs State Of Rajasthan
2021 Latest Caselaw 11860 Raj

                                        (1 of 2)                  [CRLR-225/2021]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 225/2021

Gopal Lal Kumhar S/o Devi Lal, Aged About 26 Years, Devipura,
Ps Kareda, Kareda, District Bhilwara.
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent


For Petitioner(s)        :     Mr. Hanuman Singh Rajpurohit
For Respondent(s)        :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

29/07/2021

     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 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 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


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                                                                             (2 of 2)                [CRLR-225/2021]



                                   allowed and the trial court is directed to release the motorcycle

                                   bearing registration No. RJ06 ZS 7802 on supardaginama in favour

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

                                   provided he furnishes a bank guarantee of Rs.30,000/- 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.

31-Zeeshan

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