Allowed

Sahabuddin S/O Sh. Amar Singh B/C Mev v. State of Rajasthan

Rajasthan HC11 Dec 2019CRLMP/2794/2019

Case brief

AI extract

What is this about?

Power of High Court under Section 482 Cr.P.C. to set aside impugned order refusing release of JCB vehicle to registered owner, directing trial court to release it upon fulfillment of indemnity and surety conditions.

What did the court decide?

Petitioner entitled to release of JCB subject to filing indemnity bond, bonds by two sureties, and undertaking to keep vehicle intact for identification.

Sahabuddin S/O Sh. Amar Singh B/C Mev Vs State of… — Writ and Judicial Review | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous (Petition) No. 2794/2019

¶3

Sahabuddin S/o Sh. Amar Singh B/c Mev, R/o Godholee, Tehsil Punhana District Nuh Mewat Thana, Haryana.

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Pp.

¶7

----Respondent

¶8

For Petitioner(s) : Mr. Sanjay Khan. For Respondent(s) : Mr. F.R. Meena, P.P.

¶9

HON'BLE MR. JUSTICE INDERJEET SINGH

¶10

Order

¶11

11/12/2019

¶12

The present criminal misc. petition has been filed under Section 482 Cr.P.C., praying that the order dated 22.04.2019 passed by Additional Chief Judicial Magistrate, Tijara District Alwar be set aside, whereby the court below has refused to release JCB 3DXRwd Loader on Supurdagi bearing Registration No. HR74 A 5551, Engine No. H00064522 and Chesis No.1863293 to the petitioner, who is stated to be registered owner.

¶13

The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the JCB and the same is case property of case FIR No.98/2019, registered at Police Station Tapukada District Alwar.

¶14

I have heard the learned counsel for the parties.

¶15

The learned counsel for the petitioner has relied upon

¶16

Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283 , wherein it is held that a vehicle should not be permitted

¶17

(2 of 2)

¶18

[CRLMP-2794/2019]

¶19

to remain parked in police station as the same will gather rust and shall not remain useful.

¶20

Taking above observation of Supreme Court in the case of Sunderbhai Ambalal Desai (supra) into consideration, the present petition is allowed and the trial court is directed to release the JCB 3DX2wd Loader on Supurdagi after verification to the registered owner, upon filing indemnity bond and bonds by two sureties to the satisfaction of the trial court, subject to following conditions:a) That the petitioner shall undertake before the trial court that he shall keep the JCB intact and shall not change so far identification of the vehicle is concerned.

¶21

b) That the petitioner shall produce the JCB before the trial court as and when required for purpose of identification.

¶22

c) That the trial court is further empowered to add any or more condition in the indemnity bonds and surety bonds to be furnished by the petitioner/registered owner, which is necessary to safeguard and protect the interest of all and smooth conduct of the trial.

¶23

(INDERJEET SINGH),J

¶24

MG/141

Sahabuddin S/O Sh. Amar Singh B/C Mev v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sahabuddin S/O Sh. Amar Singh B/C Mev v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramkaran Sharma and Anr. Vs State of Raj and Anr.

Amit Sharma and Anr. Vs State of Rajasthan and Ors.

Smt Kiran Kanwar W/O Shri Kishor Singh B/C Ravna Rajput Vs State of Rajasthan

Satish Kumar S/O Shri Shrichand B/C Ahir Vs State of Rajasthan

M/S Gadh Ganesh Steel Pvt. Ltd. Vs Shrikant Sharma

Arasad S/O Sh. Islam B/C Mev Vs State of Rajasthan