Allowed

Bhagwan Saini Son of Jagdish Lal Mali v. State of Rajasthan

Rajasthan HC2 Nov 2020CRLMP/5119/2020

Case brief

AI extract

What is this about?

The Court allowed the petition for release of an impounded tractor, directing the petitioner to submit a personal security of Rs. 1,00,000 and furnish photographs, relying on Supreme Court precedents regarding the unnecessary rusting of vehicles in police custody.

What did the court decide?

Petition allowed; vehicle released upon submission of Rs. 1,00,000 security; impugned order quashed.

Bhagwan Saini Son of Jagdish Lal Mali Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous (Petition) No. 5119/2020

¶3

Bhagwan Saini Son Of Jagdish Lal Mali, Resident Of Village Mahuwa, P.s. Mahendwas, District Tonk. (Raj.)

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through P.p.

¶7

----Respondent

¶8

For Petitioner(s) : Mr. Deepak Khandelwal For Respondent(s) : Mr. F.R.Meena, PP

¶9

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

¶10

Order

¶11

02/11/2020

¶12

Learned counsel for the petitioner submits that vehicle, which is involved in the incident, deserve to be released to the power of attorney holders as it would get rusted and spoiled, if it is remained in the police custody.

¶13

I have considered the submissions as above.

¶14

In the case of Sunderbhai Ambalal Desai & Ors. Versus State of Gujarat : (2002) 10 SCC 283 , the Apex Court has made observations with regard to the conditions, which should be laid down for release of different goods/vehicles. It has also been observed that no purpose would be served in letting vehicle remained in the police custody as they get rusted and therefore, the conditions may be laid down for releasing of the same. This Court has also taken a similar view in a batch of Criminal Misc. Petitions lead case being S.B. Criminal Misc. Petition

¶15

¶16

No. 2723/2019 : Asharam Versus State of Rajasthan , on 3.2.2020 along with other connected petitions.

¶17

Keeping in view the above, this Criminal Misc. Petition is allowed with the following terms:

¶18

a) The concerned Police Station shall release the offending vehicles – Tractor with trolley bearing Registration No.RJ-17RB-0757 to the person, who is the registered owner of the vehicle alone.

¶19

b) A personal security of an amount of Rs.1,00,000/- to the satisfaction of the concerned Court which the concerned Police Station is attached, shall be submitted by the petitioner for the purpose of release of the vehicle.

¶20

c) The petitioner shall furnish the photographs of the vehicles showing its number and colour etc.

¶21

d). At the time of release, the petitioner shall also give an undertaking to the effect that vehicle shall not be used for any illegal purpose and if so found, the concerned owner shall be personally liable.

¶22

The order passed by the Court below is accordingly quashed and set aside.

¶23

(SANJEEV PRAKASH SHARMA),J

¶24

NITIN /35

Bhagwan Saini Son of Jagdish Lal Mali v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhagwan Saini Son of Jagdish Lal Mali 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

Parties & counsel

Coram

Case details

Similar cases

Suresh Kumar S/O Sh. Tejaram Vs State of Rajasthan

Julfi Singh S/O Shri Jawahar Singh B/C Gurjar Vs State of Rajasthan

Kurshid S/O Roojdar B/C Mev Vs State of Rajasthan

Joruram S/O Shri Munnaram Vs State of Rajasthan

Satyanarayan Gupta S/O Shri Ramprasad Vs State of Rajasthan

Mahesh Chand S/O Late Shri Brijendra Singh Vs State of Rajasthan