Court allowed a special bail under Section 482 CrPC directing release of the petitioner's tractor on Superdari bonds, citing precedents.
Vehicle (RJ-02-RD-8568) released to petitioner on Superdari subject to furnishing bonds.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL MISC. PETITION NO. 3912/2017
Sandeep Kumar S/o Shri Ratan Lal B/c Ahir, R/o Kankardhupa, Tehsil Bahror, District Alwar, Raj.
----Petitioner
Versus
State of Rajasthan through P.P.
----Respondent
For Petitioner : Mr. Bharat Yadav
For Respondent : Mr. Rajendra Singh Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA Order
28/7/2017
Petitioner has filed this petition under Section 482 Code of Criminal Procedure, 1973 challenging the order dated 16.3.2017, whereby, application moved by the petitioner for release of the vehicle-in-question on Superdari was dismissed.
Learned counsel for the petitioner has submitted that the petitioner is the registered owner of the vehicle (Tractor with Trolley) bearing registration No. RJ-02-RD-8568. In case the vehicle-in-question is permitted to stand in the police station, it would be reduced to junk. Petitioner undertakes to produce the vehicle in question before the trial court as and when directed. Trial is pending before the trial court. Hence, the vehicle-in-question is liable to be released to the petitioner on Superdari. In support of his arguments, learned counsel has placed reliance on decisions of this court on Yunush versus State of Rajasthan in S.B. Criminal
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Misc. Petition No. 3944/2016 decided on 14.09.2016 and Shoukat Khan versus State of Rajasthan in S.B. Criminal Misc. Petition No. 6307/2016 decided on 22.02.2017.
Learned state counsel, on the other hand, has opposed the petition.
Keeping in view the decisions given by this court relied upon by the learned counsel for the petitioner, this petition is allowed. Trial court is directed to release the vehicle (Tractor with Trolley) bearing registration No. RJ-02-RD-8568, to the petitioner on Superdari subject to his furnishing necessary Superdari bonds to the satisfaction of the trial court.
(SABINA)J.
Mohita/43
2 issues framed by the court
Whether the petitioner is entitled to release of the impounded vehicle on Superdari.
Whether the dismissal of the application for release of the vehicle on Superdari warrants quashing or modification.
Colour shows how this judgement treated each authority
Yunush versus State of RajasthanReferred
Yunush versus State of Rajasthan in S.B. Criminal Misc. Petition No. 3944/2016
Shoukat Khan versus State of RajasthanReferred
Shoukat Khan versus State of Rajasthan in S.B. Criminal Misc. Petition No. 6307/2016
1 provisions across 1 enactments
Sandeep Kumar
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
