Randhir Singh Saini vs State Of Rajasthan
2021 Latest Caselaw 9820 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 2601/2021

Randhir Singh Saini S/o Jagdish Singh Saini Sikh, Aged About 42
Years, House No. 161, Dayalpura, S.a.s. Nagar, Police Station
Jeerpur, District Mohali (Punjab).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent


For Petitioner(s)        :     Mr. Rakesh Matoria on VC
For Respondent(s)        :     Mr. Laxman Solanki, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

28/06/2021

     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.

     The petitioner has preferred this criminal misc. petition

praying that the order dated 29.04.2021 passed by learned

Special Judge, N.D.P.S. Cases, Bhilwara in Criminal Misc. Case

No.30/2021 be set aside, whereby the said Court refused to

release the vehicle car KIA Seltos bearing registration No.RJ-65-

AY-8400 to the petitioner.

     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.



                    (Downloaded on 29/06/2021 at 08:20:36 PM)
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                                         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 misc. petition is

                                   allowed and the trial court is directed to release the vehicle car

                                   KIA    Seltos     bearing       registration          No.RJ-65-AY-8400        on

                                   supardaginama in favour of petitioner on usual conditions, which

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

                                   of Rs.7,00,000/- with the trial court.

                                         Needless to say, trial court shall make verification that the

                                   petitioner is a registered owner of the vehicle.



                                                                (DR.PUSHPENDRA SINGH BHATI), J.

73-Sphopaliya/-Sudheer/-

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