Allowed

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

Rajasthan HC11 Dec 2019CRLMP/3797/2019

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition under Section 482 Cr.P.C., directing the trial court to release the seized JCB to the petitioner upon filing an indemnity bond and bonds by two sureties, subject to specific conditions to preserve the vehicle and facilitate trial proceedings.

What did the court decide?

Directions to trial court to release the seized JCB to the petitioner on filing of indemnity bond and bonds by two sureties, subject to conditions of preserving identification and producing the vehicl

Arasad S/O Sh. Islam B/C Mev Vs State of Rajasthan — Rajasthan HC (2019) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 3797/2019

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Arasad S/o Sh. Islam B/c Mev, R/o 31, Sadak Ke Pass, Ladiya, Tehsil Tijara, District Alwar, Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp.

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----Respondent

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

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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11/12/2019

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The present criminal misc. petition has been filed under Section 482 Cr.P.C., praying that the order dated 27.05.2019 passed by Judicial Magistrate, Bhiwadi, District Alwar be set aside, whereby the court below has refused to release JCB on Supurdagi bearing Registration No. RJ-40EA 0181 and Chesis No.1832175H2012 to the petitioner, who is stated to be registered owner.

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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.115/2019, registered at Police Station Bhiwadi Phase-III District Alwar.

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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 SCC 283 , wherein it is held that a vehicle should not be permitted

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(2 of 2)

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[CRLMP-3797/2019]

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

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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 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:-

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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.

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

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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.

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(INDERJEET SINGH),J

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MG/46

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

Case brief

What is this about?

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

Case brief

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