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Judgment
7 paragraphs · 372 wordsPradip Mohanty, J.—Heard Mr. D. Das learned Counsel for the petitioner, and Mr. Pattnaik, learned Addl. Government Advocate.
This revision is directed against the order dated 21.09.2006 passed by the learned Addl. Sessions Judge, Jagatsinghpur rejecting the application of the petitioner u/s 457 Cr.P.C. registered as Criminal Misc. Case No. 400 of 2006 to release his Yamha Motor Cycle bearing registration number OR-05-E-6814.
Learned Counsel for the petitioner submits that the petitioner is the registered owner of the motor-cycle in question. The said motorcycle is lying in the Paradeep police station being exposed to sun and rain and its condition is deteriorating day by day. He further submits that investigation has been completed, charge sheet has been filed, the case has been committed to the learned Addl. Sessions Judge, Jagatsinghpur for trial of the offences under Sections 342/395 IPC read with Sections 25 and 27 of the Arms Act and registered as S.T. No. 141 of 2006. No useful purpose will be served by detaining the vehicle any further.
On the other hand, learned Addl. Government Advocate submits that the petitioner himself is an accused in the aforesaid case and the motor-cycle in question was used in the alleged crime. As such, its production may be required at the time of trial for the purpose of identification. In such circumstances, the Trial Court has rightly rejected the application u/s 457 Cr.P.C. Mr. Pattnaik, on the basis of instruction, further submits that the petitioner is not well reputed in the area and he is close to many antisocials.
Considering the submissions made by the parties and keeping in view the ratio decided in 2004 OLR 721 this Court directs the learned Addl. Sessions Judge, Jagatsinghpur to release the motorcycle in question in favour of its registered owner on production of its R.C, book and two coloured photographs and on furnishing cash security of Rs. 20,000/- (twenty thousand) and property security of Rs. 30,000/- (thirty thousand) to his satisfaction and an undertaking to produce the motor-cycle in question as and when required by the Court and not to change its nature and character.
The CRLREV is accordingly disposed of.
Urgent certified copy of the order be granted as per rules.