Madhya Pradesh High Court
CRR/326/2024 of ANKESH Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARION THE 2[nd] OF FEBRUARY, 2024
CRIMINAL REVISION No. 326 of 2024
BETWEEN:-
ANKESH S/O RAJKAMAL, AGED 27 YEARS,OCCUPATION: LABOR, NEAR SHAMSHAN GHAT,GUJARKHEDA, MHOW (MADHYA PRADESH)
(SHRI ARPIT SINGH, COUNSEL FOR THE PETITIONER).
.....PETITIONER
AND
THE STATE OF MADHYA PRADESH, STATION HOUSEOFFICER, THROUGH P.S. KISHANGANJ (MADHYAPRADESH)
.....RESPONDENTS
(SHRI BHUWAN DESHMUKH, GOVERNMENT ADVOCATE FOR THESTATE).
This revision coming on for admission this day, the court passed the following:
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ORDER
Heard on the question of admission.
The present revision under Section 397 read with Section 401 of theCr.P.C. has been filed by the applicant against the order dated 19.10.2023passed by the Second Additional Sessions Judge, Dr. Ambedkar Nagar,District Indore in S.T.No. 62/2022 whereby the application filed by theapplicant under Sections 451 and 457 of Cr.P.C. for Supurdginama of themotorcycle has been rejected.
2. As per prosecution case, on 24.03.2022, FIR No. 252/2022 was registered against the applicant and other co-accused persons for offencepunishable under Sections 302, 307, 323, 294, 147, 148 and 149 of the IndianPenal Code. During investigation, the Police seized the offending vehicleMotorcycle HF Deluxe bearing Registration No. MP09X1266 and a pistol fromthe co-accused Ashish Borasi. The applicant filed an application seeking releaseof the motorcycle, but the same has been rejected on the ground that the seizedarticles are part of evidence and shall be required during trial.
3. Learned counsel for the applicant contended that he is the owner ofthe vehicle. The vehicle is liable to be confiscated only after the conviction, butduring the pendency of the trial, the vehicle is lying in the campus of the policestation without any protection. The Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat reported in (2002) AIR SCW 5301has held that the articles seized in any criminal case are not to be kept for longtime at Police Station without any proper protection.
4. On the other hand learned counsel for the State has opposed theprayer of the applicant and submitted that the applicant's vehicle was found tobe involved in a serious crime registered under Sections 302, 307, 323, 294,147, 148 and 149 of the IPC and if the vehicle in question is handed over, thesame would be used for commission of another offence. Accused/applicant isnot entitled to get vehicle on Supurdginama.
5. Having heard learned counsel for the parties and taking intoconsideration the facts and circumstances of the case, I am of the view that it isa fit case to release the motorcycle.
6. Accordingly, the present application is allowed and the impugnedorder dated 19.10.2023 passed by the Second Additional Sessions Judge, Dr.Ambedkar Nagar, District Indore (MP) is hereby set aside. It is directed that the vehicle of the applicant Motorcycle HF Deluxe bearing registration No. MP
09 X 1266 be released on following terms & conditions :-
i). That, applicant Ankesh s/o Rajkamal shall furnish Supurdginamain the sum of Rs.50,000/-(Rupees Fifty Thousand) with one suretyin the like amount to the satisfaction of the concerned CJM/trialCourt, for releasing the seized said vehicle in connection withCrime No.252/2022 registered at Police Station Kishanganj foroffence punishable under Sections 302, 307, 323, 294, 147, 148and 149 of the IPC.
ii). That, the applicant shall produce necessary documents likeoriginal registration certificate, sale-letter etc. before the trial Court.
iii). That, the applicant shall get the vehicle photographed showingthe registration number as well as chassis number of the saidvehicle. Such photographs shall be taken in the presence of theresponsible officer, who will be deputed by the trial Court and tobe kept in the file of the case.
iv). That, the photographs of the applicant as well as surety musthave been placed in the personal bond and bond of surety.Further, the photograph of person identifying him before the Courtmust also have been placed in the personal bond. The applicantsurety and person identifying shall carry their full residential proof.
v). The applicant shall undertake not to transfer the ownership ofthe vehicle and shall not lease it to anyone and not make or allowany changes in it to be made so as to make unidentifiable.
vi). The applicant will not allow the vehicle to be used in any anti-social activities.
vii). In the event of confiscation order of the Court competent, theapplicant shall keep the vehicle present positively for confiscation.
7. It is further directed that before releasing the vehicle in interim custody of applicant, the S.H.O. of concerning police station shall get photographs size18 x 12 inches of the concerned vehicle taken from all sides and also thephotographs showing engine and chassis numbers. Such photographs shall befiled in the trial Court to be kept along with the record.
8. With the aforesaid directions, this revision stands disposed off.
vidya
Certified copy as per rules
(S. A. DHARMADHIKARI)JUDGE