Allowed

Manoj v. State of Rajasthan

Rajasthan HC4 Sept 2021CRLAS/299/2021

Case brief

AI extract

What is this about?

In this criminal miscellaneous appeal, the single judge allowed the petitioner's appeal against an order refusing the release of a detained vehicle. Relying on Supreme Court precedent, the court directed the trial court to release the Bolero Camper upon furnishing a bank guarantee.

What did the court decide?

Petition allowed; trial court directed to release the detained vehicle Bolero Camper upon petitioner furnishing a bank guarantee of Rs. 4,00,000/-.

Manoj Vs State of Rajasthan — Property and Title | Rajasthan HC (2021)

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(1 of 2)

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[CRLAS-299/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 299/2021

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Manoj S/o Sh. Sayar Singh, Aged About 46 Years, Resident Of Village Niyangali, Tehsil Rajgarh District Churu.

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Appellant(s)	: Mr. RS Choudhary
For Respondent(s)	: Mr. Mohd.Javed,PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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04/09/2021

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In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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The petitioner has preferred this petition praying that the order dated 03.03.2021 passed by learned Additional Sessions Judge No.1 Rajgarh, District Churu in Criminal Misc. Case No.03/2021 be set aside, whereby the said Court refused to release the vehicle Bolero Camper bearing registration No.RJ-10GA-9173 to the petitioner.

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The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 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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(2 of 2)

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[CRLAS-299/2021]

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Learned Public Prosecutor is not in a position to refute the above position.

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Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), the present petition is allowed and the trial court is directed to release the vehicle Bolero Camper bearing registration No.RJ-10-GA-9173 on supardaginama in favour of petitioner on usual conditions, which the trial court deems fit, provided he furnishes a bank guarantee of Rs.4,00,000/- with the trial court. The disposal of the bank guarantee shall be in accordance with the final directions to be passed by the learned trial court after conclusion of the trial.

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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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All pending applications also stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI),J.

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109-Jitender/Sphophaliya/-

Manoj v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Manoj v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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