Revision challenging dismissal of application to release a seized vehicle on sapurdari. The High Court set aside the order releasing the vehicle subject to surety bonds.
Impugned order set aside; vehicle ordered to be released on sapurdari subject to furnishing surety bonds.
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CRR-1964 of 2018
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRR-1964 of 2018 Date of Decision: 11.02.2019
Nasib Kumar
....Petitioner
Versus
The State of Punjab and others
....Respondents
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present:- Mr. Thakur Ashwani Verma, Advocate, for the petitioner. Mr. Davinder Bir Singh, DAG, Punjab.
RAMENDRA JAIN, J. (ORAL)
Through instant revision, challenge has been laid to order dated 21.03.2018 of the learned Special Judge, Mansa, whereby application of the petitioner for releasing his Maruti Ritz bearing registration No.HR-59C1277 on sapurdari, was dismissed.
Relying upon judgments of this Court in Subhash Singh v. State of Punjab , 2015(33) R.C.R.(Criminal) 717 , Bikramjit Singh v. State of Punjab , 2017(3) R.C.R.(Criminal) 899 and Roopinder Kaur v. State of Punjab , 2016(2) Law Herald 1474 , learned counsel for the petitioner contends that during trial, the offending vehicle may be released on sapurdari.
Heard.
From the reading of above authorities, it is clear that owner cannot be deprived of his legal right to get released his vehicle on sapurdari during trial. Learned State counsel has not brought forward any contrary
RAVINDER SINGH 2019.02.12 12:28citation. I attest to the accuracy and authenticity of this document
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CRR-1964 of 2018
In view of above, impugned order dated 21.03.2018 is set aside. Aforesaid Maruti Ritz bearing registration No.HR-59C-1277 is ordered to be released on sapurdari till final outcome of the confiscation proceedings, if any, initiated against the petitioner, subject to furnishing surety bonds to the satisfaction of trial Court.
February 11, 2019 R.S.
(RAMENDRA JAIN) JUDGE
Whether speaking/reasoned Yes/No Whether Reportable Yes/No
RAVINDER SINGH 2019.02.12 12:28 I attest to the accuracy and authenticity of this document
2 issues framed by the court
Whether the petitioner's vehicle can be released on sapurdari during trial.
Whether the impugned order dismissing the petition for releasing the vehicle on sapurdari should be set aside.
Colour shows how this judgement treated each authority
Subhash Singh v. State of PunjabReferred¶14
Subhash Singh v. State of Punjab, 2015(33) R.C.R.(Criminal) 717
Bikramjit Singh v. State of PunjabReferred¶14
Bikramjit Singh v. State of Punjab, 2017(3) R.C.R.(Criminal) 899
Roopinder Kaur v. State of PunjabReferred¶14
Roopinder Kaur v. State of Punjab, 2016(2) Law Herald 1474
Nasib Kumar
The State of Punjab
RAMENDRA JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
