Bhagwan Singh vs State Of Rajsthan (2025:Rj-Jd:9265)
2025 Latest Caselaw 7352 Raj

Rajasthan High Court - Jodhpur

Bhagwan Singh vs State Of Rajsthan (2025:Rj-Jd:9265) on 14 February, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:9265]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Misc(Pet.) No. 1405/2025

 Bhagwan Singh S/o Khet Singh, Aged About 38 Years, R/o
 Bhakhari Ki Dhani, P.s. Dechu, Dist. Jodhpur,raj.
                                                                        ----Petitioner
                                         Versus
 State Of Rajsthan, Through Pp
                                                                      ----Respondent


For Petitioner(s)              :     Mr. S.K. Bhati
For Respondent(s)              :     Mr. Vikram Rajpurohit, Dy.G.A.



                HON'BLE MR. JUSTICE FARJAND ALI

Order

14/02/2025

1. By way of filing of the instant criminal misc. petition,

challenge has been made to the order dated 07.09.2024

passed by the learned Additional Sessions Judge, Phalodi, in

Criminal misc. Case No.475/2024 pertaining to FIR

No.254/2018 registered at Police Station Lohawat, District

Jodhpur whereby the prayer made by the petitioner for

releasing the vehicle in question (Motorcycle) bearing

registration No.RJ-19-DS-9964, has been declined.

2. Learned counsel for the petitioner submits that he is the

owner of the vehicle in question which has been seized by the

Police Officers. He submits that the petitioner being the

owner of the vehicle in question, is the person best entitled to

get back the possession of the seized property. There is no

other person claiming supurdagi of the same.

[2025:RJ-JD:9265] (2 of 2) [CRLMP-1405/2025]

3. Learned Public Prosecutor opposed the instant criminal misc.

petition.

4. There is no provision in which in a prosecution of murder and

criminal conspiracy, a vehicle can be confiscated. Why the

learned Judge has rejected the application for handing over

the vehicle to its registered owner is beyond comprehensible

to this Court. It is not in dispute that the petitioner is the

registered owner of the vehicle and there is no other person

raising claim over it. Considering the submissions and

following the judgment rendered by Hon'ble the Supreme

Court in the case of Sunderbhai Ambalal Desai Vs. State of

Gujarat, reported in AIR 2003 SC 638, the misc. petition is

allowed and this Court deems it just and appropriate to

release the vehicle in question in favour of the petitioner on

interim custody till conclusion of the trial provided he

furnishes a Supurdaginama of Rs.50,000/- and surety of like

amount to the satisfaction of the Court below.

(FARJAND ALI),J 188-Samvedana/-

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