Allowed

Rakesh S/O Lalchand Tanwar v. State of Rajasthan

Rajasthan HC15 Nov 2022CRLMP/5235/2022

Case brief

AI extract

What is this about?

The High Court modified the impugned order under Section 482 Cr.P.C. waiving the condition of depositing the vehicle's insurance value. The vehicle was released upon the petitioner furnishing a supardginama of Rs. 10,00,000/-.

What did the court decide?

Released the seized vehicle upon furnishing a supardginama of Rs. 10,00,000/-; waived the condition of depositing the insurance value.

Rakesh S/O Lalchand Tanwar Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No.

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5235/2022

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Rakesh S/o Lalchand Tanwar, R/o Mothpuriya P.s. Bhalta District Jhalawar (Raj). Registered Owner Of Vehicle No. Rj 17-Ga-9562.

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Jitendra Jain For : Mr. Prashant Sharma, PP Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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15/11/2022

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By the instant misc. petition under Section 482 Cr.P.C., petitioner has prayed for deleting condition of imposed by District Collector, & District Magistrate, Jhalawar for releasing of seized vehicle on depositing the insurance value of the vehicle as mentioned in the insurance of the vehicle.

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It is submitted by learned counsel for the petitioner that, at the first instance, learned Court imposed the aforesaid onerous condition for release of vehicle in question is contrary to law. Learned

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(2 of 3) [CRLMP-5235/2022]

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counsel has also argued that the condition for depositing the cost of vehicle be waived and be ordered to be released on submission of Supardginama.

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In support of his contention, learned counsel for the petitioner has placed reliance on Banshi Lal V/s. State of Rajasthan V/s. State of Rajasthan [2010 WLC (Raj.) UC 631] and Prahlad V/s. State of Rajasthan [2010 WLC(Raj) UC 408].

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Per contra, learned Public Prosecutor has opposed prayer of the petitioner and has submitted that learned court rightly imposed condition of seized vehicle on depositing the insurance value of the vehicle as mentioned in the insurance of the vehicle. If the Court is inclined to waive the aforesaid condition then a supardginama of adequate amount be solicited from the petitioner in the interest of justice.

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Having heard leaned counsel for the parties and taking into account the law laid down by this Court, the impugned order passed by learned court is modified to the extent that the seized vehicle on depositing the insurance value of the vehicle as mentioned in the insurance of the vehicle is waived and the vehicle in question is ordered to be released

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(3 of 3)

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[CRLMP-5235/2022]

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upon petitioner’s furnishing Supardginama to the tune of Rs.10,00,000/- before the learned Court.

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The petition is, accordingly, disposed off.

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(UMA SHANKER VYAS),J

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GAURAV SHARMA /09

Rakesh S/O Lalchand Tanwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rakesh S/O Lalchand Tanwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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