Rajasthan High Court - Jodhpur
Sapna vs State Of Rajasthan (2023:Rj-Jd:42123) on 5 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:42123]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1588/2023
Sapna W/o Rajendra, Aged About 33 Years, R/o Chak 5 Nzpd, At
Present Near Warehouse, Raisinghnagar Police Station
Raisinghnagar, Dist. Anupgarh.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vikas Bishnoi
For Respondent(s) : Mr. Javed Gauri, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
05/12/2023
The petitioner has filed this criminal revision petition under
Section 397 & 401 Cr.P.C. to assail the impugned judgment dated
26.10.2023 passed by Learned Addl. Sessions Judge, No.1,
Raisinghnagar, District Anupgarh whereby the learned trial Court
rejected the application under Section 451 Cr.P.C., moved by the
petitioner for releasing the vehicle Scooty Hero Mestro having
registration No.RJ-13CS-7156.
I have heard learned counsel for the petitioner and learned
Public Prosecutor.
Learned counsel for the petitioner, in support of his
arguments, has placed reliance on a decision of the co-ordinate
Bench of this Court rendered at Jaipur Bench in Prakash Chand Vs.
State of Rajasthan reported in 2010(1) Cr.L.R.(Raj.) 507. In the
aforesaid judgment, the vehicle and other articles were seized
from the accused for carrying contraband of small quantity just
[2023:RJ-JD:42123] (2 of 3) [CRLR-1588/2023]
above the commercial quantity. It is in that background, the Court
has acceded to the prayer of the incumbent and recorded its
finding that solely for the reason that the vehicle and other
articles are likely to be confiscated after trial, conditional release
of the vehicle and other articles on Supurdginama and surety
cannot be denied and interim custody of the vehicle and other
articles can be granted to the incumbent on certain conditions.
Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai
Vs. State of Gujarat reported in 2002 (10) SCC 283 and co-
ordinate Bench of this Court at Jaipur Bench in case of Prakash
Chand (supra) has held that conditional release of the vehicle
cannot be denied.
Accordingly, the instant revision petition is allowed and the
order dated 26.10.2023 is hereby quashed and set aside and the
vehicle Scooty Hero Mestro having registration No.RJ-13CS-7156
in question is ordered to be released on 'supardgi' till the
completion of the trial upon following conditions:-
(a) the petitioner furnishes a personal bond in the
sum of Rs.1,00,000/- with two sureties of
Rs.50,000/- each to the satisfaction of the trial Court
undertaking to produce the Scooty Hero Mestro in the
Court as and when required to do so.
(b) the petitioner shall get the Scooty Hero Mestro
having registration No.RJ-13CS-7156 photographed
showing the registration number as well as the
chassis number. Such photograph shall be taken in
the presence of the Investigating Officer, to be kept
on the file of the case.
(c) the personal bonds of the petitioner and bonds
of sureties shall carry the photographs of the
petitioner and his sureties and the bond of sureties
shall further carry the photograph of perhaps
identifying them before the Court which is with full
[2023:RJ-JD:42123] (3 of 3) [CRLR-1588/2023]
residential particulars of the sureties and the persons
identifying them.
(d) the petitioner shall undertake not to transfer the
ownership of the Scooty Hero Mestro having
registration No.RJ-13CS-7156 and not to lease it to
anyone and not to make or allow any changes in it to
be made so as to make unidentifiable.
(e) the petitioner will not allow the Scooty Hero Mestro having
registration No.RJ-13CS-7156 to be used for any antisocial
activities including for the purpose of carrying narcotics which may
constitute offence under the NDPS Act."
(MANOJ KUMAR GARG),J
48-raksha/-
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