Sachin Changal vs State Of Rajasthan ...
2023 Latest Caselaw 6939 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5248/2023

Sachin Changal S/o Shri Ramniwas, Aged About 24 Years, R/o Village Kaliyas, Tehsil Mundwa, District Nagaur.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Narendra Inaniyan S/o Shri Dhanna Ram, Aged About 25 Years, R/o Village Sankwas, Tehsil Mundwa, District Nagaur.

----Respondents

For Petitioner(s) : Mr. Surendra Singh Choudhary For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

06/09/2023

The petitioner has preferred this criminal misc. petition

praying that the order dated 05.07.2023 passed by learned

Additional Sessions Judge, Phalodi in Criminal Misc. Application

No.374/2023 be set aside, whereby the said Court refused to

release the vehicle Bolero-Camper bearing registration No.RJ-21-

GB-8938 to the petitioner.

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.

Learned Public Prosecutor is not in a position to refute the

above position.

(2 of 2) [CRLMP-5248/2023]

Relying upon the judgment of the 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

Bolero-Camper bearing registration No.RJ-21-GB-8938 on

supardaginama 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 a power of attorney holder of the vehicle.

All pending applications also stand disposed of.

(KULDEEP MATHUR),J 376-KshamaD/-

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