Harchand Ram vs State Of Rajasthan (2023:Rj-Jd:40061)
2023 Latest Caselaw 9989 Raj

Citation : 2023 Latest Caselaw 9989 Raj
Judgement Date : 22 November, 2023

Rajasthan High Court - Jodhpur

Harchand Ram vs State Of Rajasthan (2023:Rj-Jd:40061) on 22 November, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:40061]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
              S.B. Criminal Revision Petition No. 1545/2023
Harchand Ram S/o Somraj, Aged About 25 Years, R/o Bhono Ka Bas,
Dayakhor, P.s. Lohawat, Dist. Jodhpur, New Classfication Dist. Phalodi
                                                                   ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Ghever Ram
For Respondent(s)         :     Mr. Aneesh Bhurat, PP


              HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

22/11/2023

The Petitioner has filed this criminal revision petition under

Section 397 & 401 Cr.P.C. to assail the impugned judgment dated

02.11.2023 passed by Learned Sessions Judge, Phalodi, District

Jodhpur, in Criminal Misc. Case No.616/2023 in relation to FIR

No.284/2023 of Police Station Lohawat, Jodhpur for the offences under

Sections 307, 332, 353, 341, 323, 427, 440/34 and Section 3 PDPP Act

whereby the learned Judge rejected the application under Section 451

Cr.P.C., moved by the petitioner for releasing the vehicle Chasis No.

MA1TA2XM2NA2A13060 and Engine No.XMM4M17675.

I have heard learned counsel for the petitioner and learned

Public Prosecutor.

Learned counsel for the petitioner submits that the vehicle in

question is unnecessarily lying in the police custody and there is no

proper arrangement to keep the vehicle inside the police station and the

same will be ruined. Hence, it is prayed that the vehicle in question may

be released on 'Supardginama'. Learned counsel for the petitioner, in

support of his arguments, has placed reliance on a decision of the co-

[2023:RJ-JD:40061] (2 of 2) [CRLR-1545/2023]

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.

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 02.11.2023 is hereby quashed and set aside and the vehicle

Chasis No. MA1TA2XM2NA2A13060 and Engine No.XMM4M17675 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.6,00,000/- each with two sureties of Rs.3,00,000/- each to the satisfaction of the trial Court undertaking to produce the said vehicle in the Court as and when required to do so.

(b) the petitioner shall get the said vehicle 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 residential particulars of the sureties and the persons identifying them.

(d) the petitioner shall undertake not to transfer the ownership of the said vehicle 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."

(MANOJ KUMAR GARG),J 49-raksha/-