Allowed a criminal miscellaneous petition seeking release of a seized vehicle directed at the owner to provide bank guarantee.
Directed release of the vehicle (GJ-03-HE-3371) on undertaking with a bank guarantee of Rs. 63,750/-
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 4711/2021
Budha Ram S/o Nathu Ram, Aged About 50 Years, B/c Jat, R/o Tilak Nagar, Bikaner.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Virendra Acharya |
|---|---|---|
| For Respondent(s) | : Mr. |
Gaurav Singh, PP |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
07/09/2021
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.
The petitioner has preferred this petition praying that the order dated 17.07.2021 passed by learned Additional Session Judge Sujangarh, District Churu in Criminal Revision No.15/2021 whereby the said Court has affirmed the order dated 12.07.2021 passed by learned Judicial Magistrate, Sujangarh in Criminal Misc. Case No.207/2021, be set aside, whereby the said Court refused to release the vehicle bearing registration No.GJ-03-HE-3371 to the petitioner.
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
(2 of 2) [CRLMP-4711/2021]
vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.
Learned Public Prosecutor is not in a position to refute the above position.
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 bearing registration No. GJ-03-HE-3371 on supardaginama in favour of petitioner on usual conditions, which the trial court deems fit, provided he furnishes a bank guarantee of Rs.63,750/- with the trial court. The disposal of the bank guarantee shall be in accordance with the final claim of the petitioner regarding the tax in question. However, the petitioner shall be at liberty to prefer an appeal within 15 days from today against the tax liability, in case required.
Needless to say, trial court shall make verification that the petitioner is a registered owner of the vehicle.
All pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI),J
60-Sudheer/-
1 issue framed by the court
Whether a vehicle seized by authorities should be released to the registered owner upon furnishing a bank guarantee.
Colour shows how this judgement treated each authority
Budha Ram
State Of Rajasthan
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Dr. Pushpendra Singh Bhati
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