Allowed

Sweeti Sharma @ Ekata Sharma and Ors. v. State of Rajasthan through Pp

Rajasthan HC23 Jan 2018CRLR/207/2017

Case brief

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What is this about?

Single judge of Rajasthan HC allowed S.B. Criminal Revision to set aside dismissal of application for release of stolen temple articles on superdari, directing Trial Court to release subject to bond.

What did the court decide?

Impugned order dated 9.1.2017 set aside; Trial Court directed to release stolen articles to petitioners on superdari subject to furnishing bonds.

Sweeti Sharma @ Ekata Sharma and Ors. Vs State of… — Property and Title | Rajasthan HC (2018)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Revision No. 207/2017.

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Sweeti Sharma @ Ekata Sharma D/o Mahaveer, R/o Gurudev Sadhana Dham Kesorai Patan Road, Kota

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Jagani Bai W/o Panna Lal, R/o Gurudev Sadhana Dham Kesorai Patan Road, Kota

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Birdhi Bai W/o Chhitarlal Ji, R/o Gurudev Sadhana Dham Kesorai Patan Road, Kota

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Foolanta D/o Dhanna Lal, R/o Gurudev Sadhana Dham Kesorai Patan Road, Kota

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Sadhvi Uma Devi Sanchalika Gurudev Sadhana Dham Kesorai Patan Road Kota, R/o Gurudev Sadhana Dham Kesorai Patan Road, Kota

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Versus

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State of Rajasthan Through PP For Petitioner(s) : Shri A.K. Khan For State : Shri R.R. Gurjar, P.P. HON'BLE MRS. JUSTICE SABINA

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Judgment / Order

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23/1/2018

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Petitioners have filed this petition challenging the order dated 9.1.2017, whereby application moved by the petitioners, for release of the stolen articles on superdari to them, was dismissed.

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Learned counsel for the petitioner has submitted that theft and murder was committed in the temple. The stolen articles belong to the temple and are presently lying in the police station as they were taken in possession from the accused. Some of the accused had faced trial and have been convicted by the trial court. With regard to some accused, investigation is still pending. Petitioners shall

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produce the articles in question before the Trial Court as and when directed.

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Learned State Counsel has opposed the petition.

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Since, in the present case, the recovered stolen articles belong to the temple, it would be just and expedient to order the release of the articles in question to the petitioners on superdari. Moreover the said articles were recovered during investigation from the accused, who had already faced trial.

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Accordingly, this petition is allowed. Impugned order dated 9.1.2017 is set aside. Trial Court is directed to release the articles in question to the petitioners on superdari subject to their furnishing superdari bonds to the satisfaction of the said court.

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(SABINA)J.

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Mrg./83

Sweeti Sharma @ Ekata Sharma and Ors. v. State of Rajasthan through Pp

Case brief

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Sweeti Sharma @ Ekata Sharma and Ors. v. State of Rajasthan through Pp

Case brief

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