Hanumana Ram vs State Of Rajasthan

The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. praying that the order dated 15/03/2019 passed by learned Civil Judge (SD) and Additional Chief Judicial Magistrate Gulabpura, District Bhilwara in Criminal Misc. Case No.39/2019, be set aside, whereby the said court refused to release the vehicle i.e. Scorpio bearing Chasis No. MA1TA2WRJ2A19651 & Engine No.WRJ4B18382 to the petitioner. The said vehicle was seized in connection with FIR No.91/2018 registered at P.S. Gulabpura, District Bhilwara.

2.1 The learned counsel for the petitioner has contended that the petitioner is not willing to compound the offence, as he has decided to contest the case. The order passed by the court below whereby release of the vehicle in question on Supurdagi was refused has been assailed.

2.2 The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the vehicle in question and the same is case property. 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.

Learned counsel for the respondents 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), present petition is allowed and the trial court is directed to release the vehicle i.e. Scorpio bearing Chasis No. MA1TA2WRJ2A19651 & Engine No.WRJ4B18382 seized as case property by imposing following conditions:-

a) That the petitioner shall keep the vehicle so released intact and shall not change its identification.

b) That the petitioner shall produce the vehicle as and when trial court requires the same for proposed identification of the case property.

c) That the petitioner shall execute Supurdaginama/indemnity bond and bonds by two sureties to the satisfaction of the trial court.

(d) The trial court is empowered to impose any or other conditions in the Supurdaginama/indemnity bond and surety bonds to be furnished by the petitioner and sureties, which it may deem fit.

Needless to say, trial court shall make verification that the petitioner is a registered owner of the vehicle.