Dharmendra Alias Sandeep vs State Of Rajasthan (2025:Rj-Jd:38341)
2025 Latest Caselaw 11721 Raj

Citation : 2025 Latest Caselaw 11721 Raj
Judgement Date : 27 August, 2025

Rajasthan High Court - Jodhpur

Dharmendra Alias Sandeep vs State Of Rajasthan (2025:Rj-Jd:38341) on 27 August, 2025

[2025:RJ-JD:38341]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6459/2025
Dharmendra Alias Sandeep S/o Bhanwar Lal, Aged About 36
Years, R/o Rotu Tehsil Jayal District Nagaur.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Sunil Vishnoi
For Respondent(s)         :     Mr. Narendra Singh Chandawat, PP


          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

27/08/2025

1. By way of filing the present criminal misc. petition under

Section 528 of BNSS, the petitioner has prayed for the following

reliefs :-

"It is, therefore most humbly and respectfully prayed that this misc. petition may kindly be allowed and impugned order dated 02.08.2025 passed by learned Addl. Sessions Judge, Jayal District Nagaur in Criminal Misc. Case No. 37/2025 may kindly be quashed and set aside and Bolero Camper No. RJ-07GB-5229 may kindly be ordered to be release to the petitioner on superdginama"

2. Learned counsel for the petitioner submitted that the Hon'ble

Supreme Court of India in the case of Sunderbhai Ambalal

Desai Vs. State of Gujarat reported in 2002 (10) SCC 283 was

pleased to hold that the vehicle should not be permitted to remain

parked for a long period of time in the police station as the same

shall gather ruse and shall not remain useful thereupon. Learned

counsel for the petitioner submitted that the impugned order

[2025:RJ-JD:38341] (2 of 2) [CRLMP-6459/2025]

dated 02.08.2025 whereby the prayer for release of vehicle in

favour of the petitioner was refused, deserves to be set aside.

3. Learned Public Prosecutor has opposed the prayer may on

behalf of the petitioner for release of the vehicle.

4. Relying upon the judgment of the Hon'ble Supreme Court in

the case of Sunderbhai Ambalal Desai Vs. State of Gujarat

reported in 2002 (10) SCC 283, the present petition is allowed

and the learned trial Court is directed to release the vehicle Bolero

Camper No.RJ-07GB-5229 which has been seized as case

property, by imposing the following conditions :-

a) The the petitioner shall keep the vehicle so released intact and shall not change its identification;

b) That the petitioner shall produce the vehicle as and when required by the trial court for proposed identification of the case property;

c) That the petitioner shall execute Supurdginama/indemnity bond and two sureties bond to the satisfaction of the trial court and

d) The trial court is empowered to impose any other conditions in the Supurdginama/indemnity bond and surety bonds to be fulfilled by the petitioner, which it may deep fit.

5. Needless to say, the trial court shall first verify that the

petitioner is the registered owner of the vehicle in question before

releasing the same.

6. Consequently, the present criminal misc. petition is allowed.

7. All pending applications, if any, also stand disposed of.

(MUKESH RAJPUROHIT),J 366-mSingh/-