Abdul Vahid vs State Of Rajasthan ...
2023 Latest Caselaw 9068 Raj

[2023:RJ-JD:37748]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6259/2023

Abdul Vahid S/o Mohammad Faruk, Aged About 23 Years, R/o Netadwas Dist. Sikar

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Om Rajpurohit. For Respondent(s) : Mr. Arun Kumar, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

03/11/2023

The petitioner has preferred this criminal misc. petition

praying that the order dated 21.09.2023 passed by learned

Additional Sessions Judge, Churu in Criminal Revision Petition

No.81/2023 affirming the order dated 15.09.2023 passed by

learned Judicial Magistrate, Churu arising out of F.I.R. No.73/2023,

whereby the said Court refused to release the vehicle Brezza Car

bearing No.RJ-02-CD-4051 to the petitioner.

Learned counsel for the petitioner has relied upon

Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10

SCC 283, to contend that Hon'ble the Supreme Court has held

that the vehicle should not be permitted to remain parked in the

police station as the same shall gather rust and not remain useful.

Learned Public Prosecutor is not in a position to refute the

above position.

[2023:RJ-JD:37748] (2 of 2) [CRLMP-6259/2023]

Relying upon the judgment of the Hon'ble 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 Brezza Car bearing No.RJ-02-CD-4051 on

supurdginama in favour of petitioner on usual conditions, which

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

of Rs.2,50,000/- with the trial court. The disposal of the bank

guarantee shall be in accordance with the final directions to be

passed by the learned trial court after conclusion of the trial.

Needless to say, trial court shall make verification that the

petitioner is the registered owner of the vehicle. All pending

applications also stand disposed of.

(KULDEEP MATHUR),J 564-Prashant/-

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