Girraj Prasad Meena Son Of Shri ... vs State Of Rajasthan
2022 Latest Caselaw 2923 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 7536/2021

Girraj Prasad Meena Son Of Shri Kaluram Meena, Resident Of
Village Nonpura Tehsil Jamwaramgarh District Jaipur (Raj).
                                                                      ----Petitioner
                                      Versus
State Of Rajasthan, Through Public Prosecutor.
                                                                    ----Respondent

For Petitioner(s) : Mr. Kamlesh Kumar Sahu, Adv. For Respondent(s) : Mr. Prashant Sharma, PP

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

06/04/2022

The present petition has been filed under Section 482

Cr.P.C. praying therein that the order dated 04.09.2021 passed by

learned Additional Sessions Judge, Women Atrocities Cases, Jaipur

Metro-First, whereby the said court refused to release the Jeep

Registration No. RJ14 UF 2609 and Motorcycle No.RJ 14 Z S 1060

to the petitioner on Supurdgi.

Learned counsel for the petitioner submits that

petitioner is a registered owner of the vehicles in question.

Learned counsel for the petitioner further submits that

presently vehicles in question are lying in Police Station and

condition of the vehicles be rusted day by day. No purpose will be

fulfilled to keep the vehicles in police station. Whenever court's

order to produce the vehicles, he would produce the vehicles

before the Court, So, the vehicles in question be released on

supurdagi.

(2 of 2) [CRLMP-7536/2021]

I have heard the learned counsel for the parties.

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.

Relying upon the judgment of the Supreme Court in the case

of Sunderbhai Ambalal Desai (supra), present petition is

allowed and the trial court is directed to release the vehicles

seized as case property by imposing following conditions:-

a) That the petitioner shall keep the vehicles so released intact

and shall not change their identification.

b) That the petitioner shall produce the vehicles as and when trial

court requires the same for proposed identification of the case

property.

c) That the petitioner shall execute Supurdaginama/indemnity

bond and bonds by two sureties to the satisfaction of the trial

court.

(d) The trial court is empowered to impose any or other conditions

in the Supurdaginama/indemnity bond and surety bonds to be

furnished by the petitioner and sureties, which it may deem fit.

(NARENDRA SINGH DHADDHA),J

Gourav/123

Powered by TCPDF (www.tcpdf.org)