Allowed

Anil Chawan @ Ravi Chavan v. State of Punjab

Punjab & Haryana HC25 Oct 2016CRM-M/34095/2016

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition under Section 482 Cr.P.C. directing the release of a seized Hyundai Elantra to its registered owner, the petitioner's wife, subject to furnishing sapurdari bonds and undertaking to produce the vehicle when required.

What did the court decide?

The seized Hyundai Elantra was directed to be released to the petitioner's wife (registered owner) subject to furnishing sapurdari bonds and undertaking to produce the vehicle in court when required.

Anil Chawan @ Ravi Chavan Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2016)

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CRM-M-34095-2016

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-34095-2016 Date of Decision: October 25, 2016

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Anil Chawan @ Ravi Chavan

.....Petitioner

Versus

State of Punjab

......Respondent

CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA

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1. Whether speaking/reasoned ? Yes/No

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2. Whether reportable ? Yes/No

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3. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 4. To be referred to the Reporters or not? Yes/No 5. Whether the judgment should be reported in the Digest? Yes/No.

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.......

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Present: Mr.Sandeep Wadhawan, Advocate for the petitioner.

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Mr.Rajesh Bhardwaj, Addl.AG, Punjab.

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SURYA KANT, J.

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In this petition under Section 482 Cr.P.C, the petitioner seeks a direction for the release of car, namely, Hyundai Elantra bearing registration No.GA-03-P-2022 on Sapurdari, which is involved in the case FIR No.241, dated 07.12.2013 under Sections 379, 411, 420, 465, 467, 468, 471, 120-B, IPC read with Sections 21, 22, 25(A), 61/85 of NDPS Act and 25/54/59 of the Arms Act, registered at Police Station Sadar,Patiala.

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Though the case of the petitioner is that no recovery was effected from the said vehicle, which is owned by his wife and hence it is not a case property, learned State counsel submits that the subject-vehicle might be the Meenu 2016.11.09 13:47case-property in some other case. Be that as it may, the short question that I attest to the accuracy and authenticity of this document chandigarh requires consideration is whether or not the vehicle in question be not

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CRM-M-34095-2016

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released on Sapurdari?

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Such an aspect has already be dealt with by this Court in Criminal Misc.-M No.20127 of 2014 (Maninder Singh Aulakh @ Bitu versus State of Punjab, decided on 04.11.2015.

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Since no useful purpose shall be served by retaining the subjectvehicle in police custody as its value and utility will surely deteriorate if not put to use and if it remains parked unattended and un-serviced, we allow this petition and direct the release of above-stated vehicle to the wife of the petitioner, who happens to be the registered owner of the vehicle in question, subject to furnishing surety/sapurdari bonds to the entire satisfaction of the Special Judge, Mohali. She shall also give an undertaking that the vehicle shall not be sold/transferred in any manner till the trial is concluded and shall be produced in Court as and when required.

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Dasti. ( SURYA KANT ) JUDGE October 25, 2016 ( SUDIP AHLUWALIA ) meenuss JUDGE

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Meenu 2016.11.09 13:47 I attest to the accuracy and authenticity of this document chandigarh

Anil Chawan @ Ravi Chavan v. State of Punjab

Case brief

What is this about?

What did the court decide?

Anil Chawan @ Ravi Chavan v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Cases cited

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