Rajasthan High Court - Jodhpur
Chandan Singh vs State Of Rajasthan on 22 June, 2021
Bench: Pushpendra Singh Judge)
(1 of 8)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 289/2021
Gopal Singh S/o Kan Singh, Aged About 40 Years, B/c
Rajpurohit, R/o Village Safed Aakda, Barmer Gadan, Barmer,
Rajasthan.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Revision Petition No. 290/2021
Chandan Singh S/o Sata Ram, Aged About 40 Years, R/o Village
Dhanne Ki Dhani, Tehsil Gudamalani, Barmer, Rajasthan.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Revision Petition No. 292/2021
Purkha Ram S/o Harlal Ram, Aged About 40 Years, B/c Jat, R/o
Village Kawas, Tehsil Baytu, Barmer.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Revision Petition No. 294/2021
Keva Ram S/o Maga Ram, Aged About 50 Years, B/c Kalbi, R/o
Village Dedawas Jagir, Tehsil Gudamalani, Barmer, Rajasthan
Through Its Power Of Attorney Holder Mehara Ram S/o Mana
Ram, Age 42 Years, B/c Jat, R/o Village Sarnu, Tehsil Barmer.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Revision Petition No. 296/2021
Bhaga Ram S/o Mohan Lal, Aged About 40 Years, R/o Village
(2 of 8)
Madawa, Tehsil Chotan, Barmer, Rajasthan.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Ms. Prabha Choudhary & Mr.
Siddharth Karwasra, on VC
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
(VACATION JUDGE)
Order
22/06/2021
In the wake of second surge in the COVID-19 cases, the
Court is functioning virtually and abundant caution is being
maintained for the safety of all concerned.
In S.B. Criminal Revision Petition No. 289/2021
1. The petitioner has preferred this criminal misc. petition
praying that the order dated 01.03.2021 passed by learned
Special Judge, SC / ST (Prevention of Atrocities Act Cases),
Barmer in Sessions Case NO.337/2017 (103/17), be set aside,
whereby the said Court refused to release the vehicle Bolero
bearing registration No.RJ-04-GB-3299 to the petitioner. The said
vehicle was seized in connection with CR No.192/2017 registered
at P.S. Sadar, Barmer for the offence under Section 407, 420 &
120-B of IPC and Section 3/7 of Essential Commodities Act.
2. The 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.
(3 of 8)
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.
3. Learned counsel for the respondents is not in a position
to refute the above position.
4. 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 Bolero bearing registration No.RJ-04-GB-3299 on
supardaginama in favour of petitioner on usual conditions, which
the trial court deems fit, provided he furnishes a bank guarantee
of Rs.2,50,000/- with the trial court.
5. Needless to say, trial court shall make verification that
the petitioner is a registered owner of the vehicle.
In S.B. Criminal Revision Petition No. 290/2021:-
1. The petitioner has preferred this criminal misc. petition
praying that the order dated 01.03.2021 passed by learned
Special Judge, SC / ST (Prevention of Atrocities Act Cases),
Barmer in Sessions Case NO.337/2017 (103/17), be set aside,
whereby the said Court refused to release the vehicle Diesel
Tankers bearing registration No.RJ-04-GB-0722 to the petitioner.
The said vehicle was seized in connection with CR No.191/2017
registered at P.S. Sadar, Barmer for the offence under Section
(4 of 8)
407, 420 & 120-B of IPC and Section 3/7 of Essential Commodities
Act.
2. The 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.
3. Learned counsel for the respondents is not in a position
to refute the above position.
4. 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 Diesel Tankers bearing registration No. RJ-04-GB-0722 on
supardaginama in favour of petitioner on usual conditions, which
the trial court deems fit, provided he furnishes a bank guarantee
of Rs.5,00,000/- with the trial court.
5. Needless to say, trial court shall make verification that
the petitioner is a registered owner of the vehicle.
In S.B. Criminal Revision Petition No. 292/2021
1. The petitioner has preferred this criminal misc. petition
praying that the order dated 01.03.2021 passed by learned
Special Judge, SC / ST (Prevention of Atrocities Act Cases),
(5 of 8)
Barmer in Sessions Case NO.337/2017 (103/17), be set aside,
whereby the said Court refused to release the vehicle Diesel
Tankers bearing registration No.RJ-04-GA-4929 to the petitioner.
The said vehicle was seized in connection with CR No.191/2017
registered at P.S. Sadar, Barmer for the offence under Section
407, 420 & 120-B of IPC and Section 3/7 of Essential Commodities
Act.
2. The 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.
3. Learned counsel for the respondents is not in a position
to refute the above position.
4. 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 Diesel Tankers bearing registration No.RJ-04-GA-4929 on
supardaginama in favour of petitioner on usual conditions, which
the trial court deems fit, provided he furnishes a bank guarantee
of Rs.5,00,000/- with the trial court.
5. Needless to say, trial court shall make verification that
the petitioner is a registered owner of the vehicle.
(6 of 8)
In S.B. Criminal Revision Petition No. 294/2021:-
1. The petitioner has preferred this criminal misc. petition
praying that the order dated 26.02.2021 passed by learned
Special Court, SC / ST (Prevention of Atrocities Act Cases),
Barmer in Sessions Case NO.337/2017 (103/17), be set aside,
whereby the said Court refused to release the vehicle Diesel
Tankers bearing registration No.RJ-04-GB-0692 to the petitioner.
The said vehicle was seized in connection with CR No.191/2017
registered at P.S. Sadar, Barmer for the offence under Section
407, 420 & 120-B of IPC and Section 3/7 of Essential Commodities
Act.
2. The 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.
3. Learned counsel for the respondents is not in a position
to refute the above position.
4. 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 Diesel Tankers bearing registration No.RJ-04-GB-0692 on
supardaginama in favour of petitioner on usual conditions, which
the trial court deems fit, provided he furnishes a bank guarantee
(7 of 8)
of Rs.5,00,000/- with the trial court.
5. Needless to say, trial court shall make verification that
the petitioner is a registered owner of the vehicle.
In S.B. Criminal Revision Petition No. 296/2021 :-
1. The petitioner has preferred this criminal misc. petition
praying that the order dated 01.03.2021 passed by learned
Special Court, SC/ST (Prevention of Atrocities Act Cases), Barmer
in Sessions Case NO.337/2017 (103/17), be set aside, whereby
the said Court refused to release the vehicle Swift Car bearing
registration No.RJ-04-CA-8080 to the petitioner. The said vehicle
was seized in connection with CR No.191/2017 registered at P.S.
Sadar, Barmer for the offence under Section 407, 420 & 120-B of
IPC and Section 3/7 of Essential Commodities Act.
2. The 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.
3. Learned counsel for the respondents is not in a position
to refute the above position.
4. Relying upon the judgment of the Supreme Court in the
case of Sunderbhai Ambalal Desai (supra), the present misc.
(8 of 8)
petition is allowed and the trial court is directed to release the
vehicle Swift Car bearing registration No.RJ-04-CA-8080 on
supardaginama in favour of petitioner on usual conditions, which
the trial court deems fit, provided he furnishes a bank guarantee
of Rs.2,50,000/- with the trial court.
5. Needless to say, trial court shall make verification that
the petitioner is a registered owner of the vehicle.
(DR.PUSHPENDRA SINGH BHATI),VJ.
56-60/Sanjay/Jitender//-
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