Guman Singh vs State
2021 Latest Caselaw 9880 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 2451/2021

Guman Singh S/o Unkar Dan, Aged About 50 Years, Godelav, P.s.
Shivpura, At Present Hadiya Chowk Kiraya Makan, Sojat City, P.s.
Sojat City, District Pali (Raj.).
                                                                   ----Petitioner
                                    Versus
State, Through P.p.
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Awar Dan Ujjwal on VC
For Respondent(s)         :     Mr. M.S. Panwar, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

29/06/2021

     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 11.02.2021 passed by learned

Special Judge (N.D.P.S. Cases), Sojat, District Pali in Criminal

Misc. Application No.38/2021 be set aside, whereby the said Court

refused to release the Motor Cycle Super Splendor bearing

registration No.RJ-22-LS-9424 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.



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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 Motor Cycle

                                   Super   Splendor    bearing        registration         No.RJ-22-LS-9424      on

                                   supardaginama in favour of petitioner on usual conditions, which

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

                                   of Rs.40,000/- 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.

70-Sudheer/-

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