In a criminal revision, the High Court acquitted the petitioner's clubbing of evidence and ordered release of a seized truck on personal bond, ensuring production before the trial court.
Release of the crime vehicle (Bolero Maxi Truck No.AP 37 TC 3729) to petitioner on interim custody subject to bond and conditions.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE No.2282 of 2015
ORDER
The petitioner preferred the present Criminal Revision Case by invoking the provision under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved by the order dated 05.08.2015 passed in Crl.M.P.No.2136 of 2015 in Cr.No.206/2015-16 on the file of the Judicial Magistrate of First Class, Jangareddigudem.
2. Heard learned counsel for the petitioner and learned Public Prosecutor for the State.
3. Petitioner herein filed the impugned application under Section 457 Cr.P.C., seeking to release the crime vehicle i.e., Bolero Maxi Truck bearing No.AP 37 TC 3729 and the same was dismissed by the learned Magistrate vide impugned order. Challenging the same, the present revision is filed.
4. Learned counsel for the petitioner submits that the petitioner is the owner of the vehicle and the same is very essential for eking out his livelihood. He further submits that if the vehicle is kept idle for a long period, there is every possibility of it getting damaged. He also submits that the petitioner is ready to produce the vehicle as and when required by the Court.
5. Learned Additional Public Prosecutor submitted that interim custody of the crime vehicle can be granted to the petitioner by imposing certain conditions.
6. Considering these circumstances, the Station House Officer, Prohibition and Excise Station, Jangareddigudem, West Godavari District, is directed to release the vehicle i.e., Bolero Maxi Truck bearing No.AP 37 TC 3729 to the petitioner for interim custody, subject to final orders to be passed in the main
case, on his executing a personal bond for Rs.1,50,000/- (Rupees one Lakh fifty thousand only) with one surety for the like sum to the satisfaction of the said Station House Officer and also on production of original R.C. book. It is further directed that the petitioner shall not alienate the vehicle, shall not change the physical features of the same till disposal of the criminal case and further he shall undertake to produce the vehicle as and when required by the Court.
7. The Criminal Revision Case is, accordingly, disposed of. Miscellaneous petitions, if any, pending in this revision shall stand closed.
JUSTICE RAJA ELANGO
12th October, 2015
sj
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE No.946 OF 2012
DATED 27th JUNE, 2012.
Va
1 issue framed by the court
Whether the crime vehicle should be released on interim custody to the petitioner subject to conditions.
2 provisions across 1 enactments
Petitioner
State
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
