Yerram Srikanth Reddy vs The State Of Telangana
2021 Latest Caselaw 4263 Tel

              HON'BLE SRI JUSTICE K. LAKSHMAN

              CRIMINAL PETITION No.7720 OF 2021
ORDER:

This Criminal Petition is filed under Section - 482 of the Code of

Criminal Procedure, 1973, to modify the order, dated 13.07.2021, passed

in Crl.M.P. No.159 of 2021 in Crime No.65 of 2021 passed by learned

Judicial Magistrate of First Class, Parkal to the extent of imposing the

conditions viz., (i) executing a personal bond for Rs.5,00,000/- (Rupees

Five Lakhs Only) with two sureties; and (ii) producing original renewal

registration certificate in respect of vehicle bearing No.AP 29V 3953 for

interim custody of the vehicle in favour of the petitioner.

2. Heard Mr. Ch. Ravinder, learned counsel for the petitioner and

learned Assistant Public Prosecutor appearing on behalf of the

respondent.

3. The petitioner herein is the owner of the vehicle bearing No.AP

29V 3953, which is hereinafter referred to as 'subject vehicle' and the

same was seized in Crime No.65 of 2021 by the police of Damera Police

Station. The offences alleged against the accused therein are under

Sections - 304A and 337 of IPC.

4. The petitioner herein being the owner of the subject vehicle had

filed a petition under Section - 457 of Cr.P.C. vide Crl.M.P. No.159 of

2021 in Crime No.65 of 2021 seeking interim custody of the subject

vehicle. Vide order dated 13.07.2021, the learned Magistrate allowed the

said petition and directed the subject vehicle to be returned to the

KL,J Crl.P. No.7720 of 2021

petitioner, owner of the vehicle, on certain conditions including the

conditions of (i) executing a personal bond for Rs.5,00,000/- (Rupees

Five Lakhs Only) with two sureties; and (ii) producing original renewal

registration certificate in respect of vehicle bearing No.AP 29V 3953 for

interim custody of the vehicle. Feeling aggrieved by the said order, the

petitioner herein has filed the present petition seeking modification of the

above said two conditions.

5. Mr. Ch. Ravinder, learned counsel for the petitioner, referring

to Rule - 52 of the Central Motor Vehicles Rules, 1989 (for short Rules,

1989') and Sections - 45, 41 (7) and 56 of the Motor Vehicles Act, 1988

(for short 'Act, 1988'), would submit that the Court below erred in

directing the petitioner to produce original renewal registration

certificate. According to him, the subject vehicle is a goods vehicle and

there will be no renewal as per Section - 41 (7) of the Act, 1988, and only

after the validation of certificate of registration, only fitness will be

renewed for every year as per Section - 56 of the Act, 1988 in respect of

transport vehicles. Renewal of fitness certificate will apply only for non-

transport vehicle, motor vehicle, other than transport vehicle and after the

expiry of period of certificate of registration in respect of transport

vehicle, it is only subject to renewal of fitness certificate, and vehicle can

be plied on the road. Therefore, imposition of a condition to produce the

original renewal registration certificate is practically impossible as there

is no provision under the Act, 1988 for renewal of registration certificate

in respect of transport vehicle. He would further submit that the Court

below without giving any reasons imposed the condition of execution of

KL,J Crl.P. No.7720 of 2021

personal bond for Rs.5.00 lakhs with two sureties for a like sum each.

Therefore, with the said contentions, the learned counsel sought to

modify the aforesaid two conditions.

6. On the other hand, the learned Assistant Public Prosecutor, on

instructions, would submit that the subject vehicle was involved in the

above said crime and the offences are under Sections - 304A and 337 of

IPC. Therefore, considering the said facts, the Court below has rightly

imposed the aforesaid conditions. With the said submissions, he sought

to dismiss the present petition.

7. In view of the above rival submissions, it is relevant to note that

Rule - 52 of the Rules, 1989 deals with 'renewal of certificate of

registration' which is reproduced hereunder:

"52. Renewal of certificate of registration.-(1) An application by or on behalf of the owner of a motor vehicle, other than a transport vehicle, for the renewal of a certificate of registration, shall be made to the registering authority in whose jurisdiction the vehicle is, in Form 25 not more than sixty days before the date of its expiry, accompanied by the appropriate fee as specified in rule 81.

(2) On receipt of an application under sub-rule (I), the registering authority shall refer the vehicle to the authority referred to in sub- section (1) of section 56 and after obtaining a certificate of fitness from that authority, renew the certificate of registration:

Provided that in a case where the certificate of fitness is granted on a date after the expiry of a certificate of registration, the renewal shall be made from the date of grant of the certificate of fitness for a period of five years.

(3) A motor vehicle other than a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, after the expiry of the period of validity entered in the certificate of registration and no such vehicle shall be used in any public place until its certificate of registration is renewed under sub-rule (2)."

KL,J Crl.P. No.7720 of 2021

8. As per Section - 39 of the Act, 1988, which deals with

'necessity for registration', no person shall drive any motor vehicle and

no owner of a motor vehicle shall cause or permit the vehicle to be driven

in any public place or in any other place unless the vehicle is registered

in accordance with this Chapter. Section - 41 deals with procedure for

registration. As per sub-section (7) of Section 41, a certificate of

registration issued under sub-section (3), whether before or after the

commencement of this Act, in respect of a motor vehicle, other than a

transport vehicle, shall, subject to the provisions contained in this Act, be

valid only for a period of fifteen years from the date of issue of such

certificate or for such period as may be prescribed by the Central

Government and shall be renewable. Section - 56 of the Act, 1988 deals

with certificate of fitness of transport vehicles. As per sub-section (1) of

Section - 56, a transport vehicle shall not be deemed to be validly

registered for the purposes of Section - 39, unless it carries a certificate

of fitness in such form containing such particulars and information as

may be prescribed by the Central Government. As per sub-section (3) of

Section - 56, certificate of fitness shall remain effective for such period

as may be prescribed by the Central Government having regard to the

objects of the Act, 1988. Section - 45 of the Act deals with refusal of

registration or renewal of the certificate of registration.

9. In the present case, there is no dispute that the petitioner herein

is the owner of the subject vehicle. In proof of the same, he has filed

copy of registration certificate and it discloses that the vehicle is of 2010

Model. The registration certificate is valid from 20.05.2010 to

KL,J Crl.P. No.7720 of 2021

13.05.2020, whereas the accident had occurred 30.05.2021. The learned

counsel for the petitioner has filed copy of certificate of fitness in Form -

38 in respect of the subject vehicle dated 21.07.2020, which is valid up to

20.07.2021.

10. The above said provisions of the Act and the Rules made

thereunder would reveal that in respect of transport vehicle, the

Registering Authority will issue registration certificate at the time of

registration. The owner of the vehicle has to submit certificate of fitness.

As per the certificate of registration produced by the petitioner, the

certificate is valid up to 13.05.2020. He has obtained certificate of

fitness in Form - 38 on 21.07.2020 which is valid up to 20.07.2021.

Therefore, as on the date of accident i.e., 30.05.2021, the certificate of

fitness was in force. Now, the said certificate of fitness is expired by

20.07.2021. The vehicle was seized by the police in the aforesaid crime

on 18.06.2021. Therefore, the petitioner is not in a position to obtain

certificate of fitness thereafter.

11. The above said discussion and also the provisions of the Act,

1988 and the rules made thereunder would reveal that there is no need of

renewal of registration of certificate. Renewal would be only to the

certificate of fitness in Form - 38. Original renewal registration

certificate will be issued only once i.e., at the time of registration. Thus,

this Court is of the considered view that the condition imposed by the

Court below in the impugned order to produce original renewal

registration certificate is not in accordance with law. Therefore, the said

KL,J Crl.P. No.7720 of 2021

condition is modified to the extent of producing the original certificate of

fitness in Form - 38 dated 21.07.2020 issued by the Assistant Motor

Vehicles Inspector, O/O DTO, Yadadri Bhongir, Telangana State.

12. With regard to other condition imposed by the Court below as

to execution of personal bond for Rs.5.00 lakhs with two sureties for a

like sum each, in Moti Ram v. State of Madhya Pradesh1, the Hon'ble

Supreme Court had an occasion to deal with the scope of bail which

includes with or without sureties, amount of bond court should insist

upon and propriety of insisting that surety should be from the same

district etc. Relying on the said judgment and other judgments of the

Apex Court as well as other High Courts, this Court also extensively

dealt with the issue in relation to 'furnishing of surety' in Ayush

Mahendra v. the State of Telangana2.

13. As stated above, the subject vehicle is of 2010 model, and it is

a goods vehicle. The offences alleged against the accused in the subject

crime are under Sections - 304A and 337 of IPC. The petitioner herein is

the owner of the subject vehicle. Therefore, this Court is of the

considered view that the said condition of execution of personal bond for

Rs.5.00 lakhs with two sureties for a like sum each is on higher side, and

an amount of Rs.1,00,000/- (Rupees One Lakh Only) is just and

reasonable. Therefore, the said condition is also modified to that of

execution of a personal bond for Rs.1.00 lakh with two sureties for a like

sum each in place of Rs.5.00 lakhs.

. (1978) 4 SCC 47

. I.A. No.1 of 2020 in Crl.P. No.5782 of 2020, decided on 05.01.2021

KL,J Crl.P. No.7720 of 2021

14. The present Criminal Petition is accordingly allowed

modifying the order dated 13.07.2021 passed in Crl.M.P. No.159 of 2021

by the learned Judicial Magistrate of First Class at Parkal to the extent of

furnishing a personal bond for Rs.1.00,000/- (Rupees One Lakh Only)

with two sureties for a like sum each in place of Rs.5.00 lakhs and

condition No.1 to that of producing the certificate of fitness dated

21.07.2020 in place of original renewal registration certificate. Except

the above modification, the other conditions imposed by the Court below

stand unaltered.

As a sequel, the miscellaneous petitions, if any, pending in the

criminal petition shall stand closed.

_________________ K. LAKSHMAN, J 13th December, 2021 Mgr