JUDGMENT 1. -This revision is directed against the order dated 30.10.1999 passed by the learned Additional Sessions Judge, Deedwana whereby the learned Judge rejected the petitioner's application under section 451 Cr.P.C. and refused to deliver the subject jeep to him on superdagi. 2. The petitioner filed an application under section 451 Cr.P.C. praying that the jeep bearing No. RJ-19-T-0796 may be given to him on superdagi as he holds the power of attorney from the owner of the vehicle namely Smt. Prem Choudhary. It appears that the said jeep has been taken into custody by the police in connection with the FIR Case No. 156/98 P.S. Moolasar, District Nagorc. The learned Additional Sessions Judge rejected the application on the ground that the subject jeep is a material evidence in a murder case. The trial Court also found that there is a blood spot on the jeep. 3. It is contended by the learned counsel for the petitioner that the jeep is lying without any care with P.S. Moolasar for the last 11 months. The trial is likely to take time. If it is further kept at P.S. Moolasar, its condition will be deteriorated. It may be reduced to scrap even before the trial is concluded. Learned counsel places reliance on a decision of this Court in Deewan Singh v. State of Rajasthan reported in 1987 RCC 450 and Bat Mikand v. State of Rajasthan, 1994 Cr.L.R. (Raj.) 4 . 4. The learned Public Prosecutor has opposed the application. It is submitted that the jeep was being used for a serious crime of murder and as such it is not appropriate to release the vehicle on superdagi. 5. I have considered the rival contentions, It is a common experience that if the vehicle is allowed to continue at the police station, its condition will deteriorate and it may be reduced to scrap in the course of time. No useful purpose is solved to keep the jeep in police custody more particularly when the petitioner is prepared to give appropriate surety for the production of the vehicle as and when it is called. It is also admitted that the petitioner will abide by the reasonable condition imposed by this Court. 6.
No useful purpose is solved to keep the jeep in police custody more particularly when the petitioner is prepared to give appropriate surety for the production of the vehicle as and when it is called. It is also admitted that the petitioner will abide by the reasonable condition imposed by this Court. 6. Considering the over all facts and circumstances of the case and following the decision of this Court referred to above, it is just and proper to direct to deliver the aforesaid vehicle on superdagi to the petitioner on just and appropriate conditions. In view of the aforesaid the revision petition is allowed and the order of the learned Addl. Sessions Judge, Deedwana is hereby quashed and set aside. It is directed that the jeep hearing No. RJ-19-T-0796 shall be released on superdagi to the petitioner on their production of registration certificate and their satisfying the following conditions : That the petitioner will furnishes personal bond in the sum of Rs. 2,50,000/-and two sureties in the sum of Rs. 1,25,00W- each to the satisfaction of the trial Court with the condition that the jeep shall be produced in the Court as and when required to do so. That the petitioner shall get three coloured cabinet size photographs of the vehicle each set showing:- the number plates. the chesis number. the engine number, and the total body of jeep. The photographs shall be taken in presence of Investigating Officer and the learned Public Prosecutor. The photographs shall be submitted in triplicate. That he shall not change the colour or alter numbers or tamper with the evidence in any manner. That he shall not transfer or alienate the said vehicle during the pendency of the trial. That the security furnishes must be verified by a competent Revenue Officer. Petition allowed. *******