Gyaniram S/O Badrinarayan vs State Of Rajasthan
2022 Latest Caselaw 2394 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 2610/2022

Gyaniram S/o Badrinarayan, R/o Gram Virasana, Police Station
Andhi District Jaipur (Raj).
                                                                     ----Petitioner
                                     Versus
State Of Rajasthan, Through P.p.
                                                                   ----Respondent

For Petitioner(s)          :     Mr. Imran, Adv.
For Respondent(s)          :     Mr. Deshraj Gosingha, PP

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

16/03/2022

The present petition has been filed under Section 482

Cr.P.C. praying therein that the order dated 16.02.2022 passed by

learned District Collector, Bharatpur, whereby the said court

refused to release PICK UP No. RJ 32 GB 1960 to the petitioner on

Supurdgi.

Learned counsel for the petitioner submits that

petitioner is a registered owner of the vehicle in question.

Learned counsel for the petitioner further submits that

presently vehicle in question is lying in Police Station and condition

of the vehicle be rusted day by day. No purpose will be fulfilled to

keep the vehicle in police station. Whenever court's order to

produce the vehicle, he would produce the vehicle before the

Court, So, the vehicle in question be released on supurdagi.

I have heard the learned counsel for the parties.

(2 of 2) [CRLMP-2610/2022]

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 vehicle seized

as case property by imposing following conditions:-

a) That the petitioner shall keep the vehicle so released intact and

shall not change their identification.

b) That the petitioner shall produce the vehicle 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

Jatin/117

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