Sunita @ Chhaya Babu Patil And Ors vs State
2021 Latest Caselaw 9949 Raj

(1 of 2) [CRLA-1145/2017]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1145/2017

1. Sunita @ Chhaya Babu Patil W/o Shri Shambhu Singh, By Caste Maratha Rajput, Resident Of Mahalaxmi Gali, Khanivede, Virare Purv Thane, District Palghar. Maharashtra.

2. Shambhu Singh @ Surjeet S/o Shri Triveni Singh, By Caste Bhadoria Rajput, Resident Of Panchmukhi, Post Etava, Police Station Dharhara, District Munger Bihar Presently Residing At C/o Sukhbeer Singh @ Pappu Jat, Surat Nagar, Railway Gate, District Gurgaon.

3. Uttam Kumar S/o Lalan, By Caste Tiwari Brahmin, Resident Of Ramgarh, Police Station Ramgarh, District Keyumar, Bhambhua, Bihar Presently Residing At Surat Nagar, I Phase, Gali No.8, C/o Chandra Shekhar Tripathi, Rajendra Park, District Gurgaon. At Present Lodged At District Jail, Sirohi

----Appellants Versus The State Of Rajasthan

----Respondent

For Appellant(s) : Mr. Dhirendra Singh For Respondent(s) : Mr. Mohd. Javed Gauri, PP For Complainant(s) : Mr. Tarun Dhaka

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

01/07/2021

The matter comes up for orders on an application (IA

No.1/2020) preferred by the applicant complainant Shanti Devi for

releasing the ornaments seized during investigation of the case to

her on Supardaginama.

(2 of 2) [CRLA-1145/2017]

I have heard the arguments advanced by the applicant's

counsel Shri Tarun Dhaka and counsel for the appellant Shri

Dhirendra Singh and have gone through the impugned judgment.

While concluding the trial of the case by judgment dated

17.6.2017, the trial court directed that the ornaments and other

stolen articles seized in this case shall be returned to the

complainant Shanti Devi on completion of the limitation for filing

an appeal.

Shri Dhirendra Singh, learned counsel representing the

appellant does not object if the articles are returned to the

applicant herein. Otherwise also, the abovementioned direction

given in the trial court's judgment has not been challenged by the

accused appellants by filing any appeal etc. under Section 454

Cr.P.C.

In this background, it is ordered that the complainant's

ornaments/other stolen articles seized during investigation shall

be returned to her upon she furnishing a personal bond in the sum

of Rs.1 lac and two sound and solvent sureties of Rs.50,000/-

each to the satisfaction of the trial court. For the purpose of return

of the ornaments, the original record of the trial court shall be

returned to it. No sooner the ornaments/articles are handed over

to the complainant, the record shall be sent back to this Court.

The application is allowed accordingly.

(SANDEEP MEHTA),J

46-Tarun/-

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