Allowed

Dinabandhu Behera v. State of Orissa

Orissa HC14 Sept 2016CRLREV/490/2016

Case brief

AI extract

What is this about?

The High Court in a criminal revision allowed the release of a seized motorcycle to the vehicle's owner, who was not an accused, relying on the settled position of law. The release was ordered subject to furnishing security, producing documents, and other conditions.

What did the court decide?

The seized Bajaj Pulsar 150 Motorcycle was ordered to be released to the petitioner subject to furnishing security, producing documents, and complying with eight specific conditions.

Dinabandhu Behera Vs State of Orissa — Property and Title | Orissa HC (2016)

¶1

CRLREV No.490 of 2016
14.09.2016 Heard learned counsel for the petitioner and learned counsel for the State.
 This revision petition has been filed by the petitioner to set aside the order
 dated 26.05.2016 passed in Misc. Case No.159 of 2016 arising out of G.R. Case No.760 of 2016
(which corresponds to Bhadrak Town P.S. Case No. 124 of 2016) by the learned S.D.J.M., Bhadrak
 under Annexure-1.

¶2

 As it appears from the impugned order, the petition filed by the petitioner Di
nabandhu Behera under section 457 Cr.P.C. to release the seized Bajaj Pulsar 150 Motorcycle be
aring registration No.OD-22-E.8235 having its Chassis No.MD2A11CZ6GRM25045 and Engine No.DHZRG
M25135 in his favour was rejected.

¶3

 The learned counsel for the State on instruction submitted that the petitioner
 is not accused in the case and in the meantime, after completion of investigation, charge she
et has already been submitted. The learned counsel for the State also does not dispute that t
he petitioner is the owner of the vehicle.

¶4

 In view of such contentions made by the learned counsel for the petitioner and
 taking note of the fact that the vehicle of the petitioner was seized in connection with the
crime since 23.04.2016, taking into account the settled position of law as enunciated in the c
ase of Sunderbhai Ambala Desai -Vrs.- State of Gujarat reported in (2003) 24 OCR (SC) 444, I d
irect that the aforesaid Bajaj Pulsar 150 Motorcycle shall be

¶5

released in favour of the petitioner subject to the following conditions:-
(i) the petitioner shall produce the original registration certificate, insurance papers b
efore the concerned police station which shall be verified properly and true attested copies t
hereof shall be retained by the investigating officer/I.I.C. of the police station;

¶6

 (ii) the petitioner shall furnish property security worth of Rs.1,00,000/- (rupees
one lakh);

¶7

 (iii) the petitioner shall keep the vehicle insured at all times till the conclusion
 of the trial and produce the insurance certificates before the Trial Court as and when requir
ed;

¶8

 (iv) the petitioner shall not change the colour or any part of the engine and chasi
s numbers of the vehicle;

¶9

 (v) the petitioner shall furnish two photographs of the vehicle before taking deli
very of the same;

¶10

 (vi) the petitioner shall not transfer the ownership of the vehicle in favour of an
y other person;

¶11

(vii) the petitioner shall produce the vehicle before the Court as and when called u pon;

¶12

(viii) the petitioner shall not allow the vehicle to be used in the commission of any offence
.

¶13

Accordingly, the Criminal Revision petition is disposed of.

¶14

 S. K. Sahoo, J.

¶15

Dinabandhu Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

Dinabandhu Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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