CRMP/596/2008 of D. OBLESH Vs STATE OF CHHATTISGARH on 19 December 2008

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(APPLI6ATTON UN&ER SECTTON 482 OF Cr.P.C.)

IAr. ftajesh Kumar Jain, counsel for the c^plicant.Ms Sangeetu AAishra, Panel lawyer for the Stnte.

ORAL ORDER(Passed on 19tt December, 2008)

This petition is directed against theorder dated 4.12.2008 passedby the Sessions Judge, Rtijnandgaon, jn Criminal Revision No.49/2008affirming •the order dated 20.10.2008 passed by the Judiciaf MagistrotBFir'st Gkisss, Rajnandgaon, in Cr-iminal Case No.917/2008 whereby thelearned Judicial Magistrate First Class has rejec-ted the application ofthe opplicant for an interim custody of vehicle motor-cycle bearingNo.C.&07 J 9430.

2. The order is chnllenged on the gr-ound that the court below hns notconsidered the fact That the alfeged vehicle is "ot a wesopon of offence oparticte of the offence, but it has been simpty used by the person whilecommitting the offence.

3. I haye heard learned counset for the pdrt-ies cnd perused the orderirnpu9ned, petition ond documents appended thereto.irnpu9ned, petition ond documents appended thereto.

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4. Leamedcounsetfortheapplicantsubniits'thcttheopplicantistheregistBred owner of •the motor-cycle bearing No. C.6.07 J 9430 which hasregistBred owner of •the motor-cycle bearing No. C.6.07 J 9430 which hasbeenseizedinconnection withCrime No.36/2008 for -the offencepunishable under Sectiori 307/34 of the India" Penal Code aid Sections25 and 27 of the Arms Act emd the same is laying in an idle position in thepotice station. According to the order impugned, the vehicle has been usedby -the ac^used for renched cmd leaving the ^>ot and it hos not been usedfor (Musing injury. Leamed counsel fuither submits that he is ready andwilling to take the yehicle' on Supurdnama on -the conditions imposed uponhim and he wil! produce the motor-cycle as and when directed by theCourt below.punishable under Sectiori 307/34 of the India" Penal Code aid Sections25 and 27 of the Arms Act emd the same is laying in an idle position in thepotice station. According to the order impugned, the vehicle has been usedby -the ac^used for renched cmd leaving the ^>ot and it hos not been usedfor (Musing injury. Leamed counsel fuither submits that he is ready andwilling to take the yehicle' on Supurdnama on -the conditions imposed uponhim and he wil! produce the motor-cycle as and when directed by theCourt below.

5. Ontheotherhand,orderissupportadonbeholfoftheStata/re^ondent.*

6. Admittedty, the yehicle is fcying in the police station unattandedand in the tackof proper care may diminish its yafueand eyen rendersitsetf useless

7. Taking lnto considemtion Ihe utility ond propriety of the vehicle inquestion in trial, the order impugned is not sustainabte.question in trial, the order impugned is not sustainabte.

8. Consequently, -the petition is aflowed. Order ddted 4.12.20C% passedby Ihe Sessions Judge. Rajnandgnon, in Criminal Reyision No.49/2008 ishereby set aside. It is directed that if the applicant fumishes a personalSupur-dginama of Rs.30,000/- with one sure+y in[the]like amount[to]thesatisfaction of -the Judicial Magistrute First Ctass, Rajnahdgaon, theyehicle motor-cycle bearing No. C.G-07 J 9430 be given in an inter-imcustody to the appticait. The cpplicant shdll produce the said vehiclebefore the competent Court' cs and when directed by the said Court.

Cert-ified copy as per rules.

l|T.P. Sha^naJudge