Chandra Singh Deora vs State Of Rajasthan (2024:Rj-Jd:37302)
2024 Latest Caselaw 7865 Raj

Rajasthan High Court - Jodhpur

Chandra Singh Deora vs State Of Rajasthan (2024:Rj-Jd:37302) on 9 September, 2024

[2024:RJ-JD:37302]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 5820/2024

Chandra Singh Deora S/o Shri Munni Lal Deora, Aged About 69
Years, R/o Plot No.17/5, Veer Durga Das Colony, District Jodhpur.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)          :    Mr. Harshwardhan Rajpurohit.
For Respondent(s)          :    Mr. H.S. Jodha, P.P.



               HON'BLE MR. JUSTICE ARUN MONGA

Order

09/09/2024

1. Under challenge herein is an order dated 10.07.2024 passed

by learned Additional Session Judge No.4, Jodhpur, in Criminal

Misc. Case No.186/2024 arising out of FIR No.72/2024 dated

12.04.2024, lodged at Police Station Vivek Vihar, District Jodhpur,

under Sections 379 of IPC and 4/21 of MMRD Act, dismissing the

application filed by the petitioner under Section 397 Cr.P.C. for

releasing the vehicle in question i.e. JCB (RJ-19-EA-5833).

2. Vehicle was impounded on 12.04.2024 and ever-since parked

in police custody and needless to say it is deteriorating by each

passing day and would turn into a complete junk if it continues to

be in current condition.

3. Reference may be had to a judgment of this Court, titled

Narayan Gadri Vs. State of Rajasthan: S.B. Criminal Misc.

Petition No.6304/2021, dated 02.07.2024.

[2024:RJ-JD:37302] (2 of 2) [CRLMP-5820/2024]

4. In view of the above, the present petition is also disposed in

same terms. In case the confiscation proceedings have been

initiated, the vehicle shall then be released only on payment of

penalty and compounding fee. However, if it is found that no

confiscation proceedings have yet commenced and it is merely an

appeal is pending against the penalty/compounding order passed

by mining officer, liberty in that case is granted to the petitioner to

approach the competent Court by filing a fresh application for

release of vehicle on Superdari. Upon doing so, the same shall be

released on furnishing a bond of an amount equivalent to the

current value of impounded vehicle. Current value shall be as per

the satisfaction of the learned competent Court dealing with the

fresh application, if and when filed. Other conditions shall also be

imposed by the learned court below as per judgment, ibid.

5. Pending application(s), if any, also stand disposed of.

(ARUN MONGA),J.

84-Sumit/-

Powered by TCPDF (www.tcpdf.org)