Allowed¶28

Ghasi Ram Banjare v. State of Chhattisgarh

Chhattisgarh HC12 Jan 2026CRMP/329/2025

Case brief

AI extract

What is this about?

Release of seized vehicle to registered owner; supardnama/suprudama application refused by trial Court; interim custody of offending vehicle after acquittal and disposal of appeals; Bolero CG-12 AJ 1665; accident dated 29.07.2018, P.S. Nawagarh, Janjgir Champa; S.302 IPC murder case converted to S.304-A IPC in Cr.A. No.964/2019; petition under section 528 BNSS 2023; ownership documents to police authority; CRMP No. 329 of 2025; Chhattisgarh High Court, Bilaspur.

What did the court decide?

Petition allowed; custody of Vehicle Bolero CG-12/AJ 1665 directed to be handed over to the registered owner (petitioner) on furnishing relevant documents showing ownership before the concerned police authority. ¶28

Ghasi Ram Banjare Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2026)

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Digitally
signed by
ALLENA ALLENA
ANNAJEERAO ANNAJEE RAODate:2026.01.15
12:04:58
+0530

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2026:CGHC:1933

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 329 of 2025

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Ghasi Ram Banjare S/o Late Motiram Banjare Aged About 67 Years R/o Village Kera, Police Station Nawagarh, District Janjgir Champa Chhattisgarh ... Petitioner

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versus

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State of Chhattisgarh through Station House Officer, Police Station Nawagarh, District Janjgir Champa, Chhattisgarh ... Respondent

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For Petitioner : Mr. Akhtar Hussain, Advocate For the State : Mr. Anish Tiwari, Government Advocate

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(Hon’ble Shri Justice Sanjay Kumar Jaiswal)

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Order on Board

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13.01/2026

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1. By this petition filed under section 528 of Bhartiya Nagarik Suraksh Sanhita, 2023, the petitioner is seeking a direction for releasing of the Vehicle Bolero CG 12 AJ 1665.

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2. The case of the prosecution is that the offending vehicle bearing no. CG-12 AJ 1665 was involved in an accident occurred on 29.07.2018 while

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it was being driven by one Deepak in rash and negligent manner, as a result of which Shiva Banjare has sustained injuries and during treatment

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he has died on 29.07.2018. However, on 3^rd day ie., 31.-07.2018, wife of deceased namely Pramila Bai was examined us 161 of the CrPC in which she has alleged that murder of her husband has been caused pursuant to which offence u/s 302 of IPC was registered wherein the petitioner who is the owner of the vehicle was also accused among four persons.

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3. The charge sheet has been filed and after recording the evidence of witnesses, the learned trial Court by its judgment dated 14.06.2019 acquitted the petitioner Ghasiram Banjare and two other accused Ramkhilawan @ Gudva and Puniram Banjare and ordered the concerned Jail Superintendent to release them. With respect to driver Deepak, he was convicted u/s 302 IPC and sentenced to undergo life imprisonment with fine of rs.5000/-.

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4. Against the judgment of trial court, accused Deepak has filed Criminal Appeal bearing Cr.A. No.964/2019. This Court by judgment dated 25.10.2024 partly allowed the appeal preferred by accused Deepak and converted his conviction from Section 302 of the IPC to section 304-A of IPC and sentenced him to undergo imprisonment for two years, which he had already undergone.

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5. However, regarding handing over the offending vehicle to its registered owner, the trial Court at para 48 held as under :

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करण में ज्቎शुदा बोलेरो वाहन ्ቅमांक सी जी - 12/AJ

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1665 उसके पंजीकृत स्वामी को अपील अवधि प्ቐात् अपील ना होने

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पर दी जावे। अपील होने पर माननीय अपीलीय न्यायालय के आदेश अनुसार व्ययन किकया जावेगा

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6. Learned counsel for the petitioner submits that during trial he has not filed any suprudama application for release of the vehicle and this petitioner has also remained in jail during trial for more than two years and

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eventually he was acquitted of the charge under section 302 read with section 120-B. The trial court has now refused to accept his supardnama application. The petitioner is the registered owner of the Vehicle. He further submits that in view of the observation made by the trial Court at para 48, this Court shall decide the matter regarding releasing the vehicle. 7. In view of the fact that after the trial, all the appeals have been decided, it is directed that the custody of the Vehicle Bolero CG-12/AJ 1665 shall be handed over to the registered owner on his furnishing relevant documents showing his ownership of the vehicle before the concerned police authority.

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8. Accordingly, this petition is allowed.

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Rao

Procedural history

How this case reached the court

AI extract

Order under challenge
Direction at para 48 of the trial Court's judgment dated 14.06.2019 that the offending Bolero vehicle CG-12/AJ 1665 be given to its registered owner only after the appeal period if no appeal is filed, and as per appellate court orders if an appeal is filed; the trial court thereafter refused to accept the petitioner's supardnama application.¶21
Trial Court · 14.06.2019
Prior proceeding
On 29.07.2018 the offending vehicle bearing no. CG-12 AJ 1665 was involved in an accident while being driven by one Deepak in a rash and negligent manner, as a result of which Shiva Banjare sustained injuries and died during treatment.¶16
Prior proceeding
On the third day (31.07.2018) the deceased's wife Pramila Bai, examined under S.161 CrPC, alleged that her husband's murder had been caused.¶18
Prior proceeding
Offence u/s 302 IPC was registered; the petitioner, the owner of the vehicle, was an accused along with three others.¶18
Prior proceeding
Charge sheet filed; by judgment dated 14.06.2019 the learned trial Court acquitted the petitioner Ghasiram Banjare and co-accused Ramkhilawan @ Gudva and Puniram Banjare and ordered their release from jail.¶19
Prior proceeding
Driver Deepak was convicted u/s 302 IPC and sentenced to undergo life imprisonment with a fine of Rs.5000/-.¶19
Prior proceeding
Accused Deepak filed Criminal Appeal Cr.A. No.964/2019; this Court, by judgment dated 25.10.2024, partly allowed it and converted his conviction from Section 302 IPC to Section 304-A IPC, sentencing him to two years' imprisonment already undergone.¶20
Prior proceeding
Per counsel, the petitioner did not file any suprudama application during trial, remained in jail during trial for more than two years, and was eventually acquitted of the charge under S.302 read with S.120-B.¶27
Prior proceeding
The petitioner, the registered owner of the vehicle, filed a supardnama application after acquittal which the trial court refused to accept.¶27

Ghasi Ram Banjare v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ghasi Ram Banjare v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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