Allowed

Pramod S/O Shri Sultan Singh B/C Thakur v. State of Rajasthan

Rajasthan HC15 Apr 2019CRLMP/1596/2019

Case brief

AI extract

What is this about?

Allowed bail application under Section 482 Cr.P.C. directing the trial court to release seized tractor and trolley subject to conditions including maintaining identification, producing vehicles for identification, and furnishing an indemnity bond with sureties to the satisfaction of the trial court.

What did the court decide?

Directing the trial court to release the seized tractor and trolley upon execution of an indemnity bond by the petitioner with two sureties and adherence to specified conditions regarding identificati

Pramod S/O Shri Sultan Singh B/C Thakur Vs State… — Criminal Trial and Appeal | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1596/2019

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Pramod S/o Shri Sultan Singh B/c Thakur

----Petitioner

Versus

State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Udit Sapra for Mr. Anil Jain For Respondent(s) : Mr. Atul Sharma, PP

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HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Order

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15/04/2019

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The present petition has been filed under Section 482 Cr.P.C., praying that the order dated 25.02.2019 passed by learned Judicial Magistrate, Rajkhera, Dhoplur, be set aside, whereby the said court refused to release Tractor bearing Registration No. RJ-11-RA-6977 alongwith Trolley to the petitioner.

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The learned counsel for the petitioner has contended that petitioner is a registered owner of the vehicles in question.

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The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the tractor trolley and the same are case property of case FIR No.131/2018 registered at Police Station Diholi, Dholpur, for the offences under Section 379 IPC, Sections 29 and 51 of Wild Life Protection Act, 1972 and Sections 41 and 42 of Rajasthan Forest Act, 1953.

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I have heard the learned counsel for the parties.

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The learned counsel for the petitioner has relied upon

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Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10

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[CRLMP-1596/2019]

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(2 of 2)

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SCC 283 , to contend that the Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.

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Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), present petition is allowed and the trial court is directed to release the tractor and trolley seized as case property by imposing following conditions:a) That the petitioner shall keep the tractor and trolley so released intact and shall not change their identification.

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b) That the petitioner shall produce the tractor and trolley as and when trial court requires the same for proposed identification of the case property.

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c) That the petitioner shall execute Supurdaginama/indemnity bond and bonds by two sureties to the satisfaction of the trial court.

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(d) The trial court is empowered to impose any or other conditions in the Supurdaginama/indemnity bond and surety bonds to be furnished by the petitioner and sureties, which it may deem fit.

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Needless to say, trial court shall make verification that the petitioner is a registered owner of the vehicle.

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(KANWALJIT SINGH AHLUWALIA),J

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HEENA/89

Pramod S/O Shri Sultan Singh B/C Thakur v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pramod S/O Shri Sultan Singh B/C Thakur v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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