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2003 DIGILAW 310 (MP)

Hussaifa v. State of M. P.

2003-02-21

S.L.KOCHAR

body2003
JUDGMENT (Oral) -- According to the learned counsel for the applicant, learned revisional Court has issued direction for grant of computer on supurdginama in favour of the applicant till final disposal of the trial but refused his prayer for grant of CD CD writer and hard disk because for these articles, the applicant has failed to establish his positive and effective title by producing relevant bills. The contention of the counsel for the applicant is that hard disk is the most important and essential part of the computer and without hard disk, computer cannot be operated. Therefore, there cannot be any apprehension to the State for using computer with hard disk for duplicating and copying contrary to the provisions of Copyright Act. Learned counsel for the applicant is also praying for release of CD, CD writer, on supurdginama. On the other hand, Mr. Girish Desai, learned Deputy Advocate General submits that if CD, CD writer are allowed to be given on spurdginama to applicant, there is every possibility of misuse of the same for doing copying work and infringing provisions of Copyright Act. Therefore, these two articles, CD and CD writer, should not be given to the applicant on supurdginama. The counsel further submits that hard disk may be granted to the applicant on supurdginama subject to the condition that he should not misuse the computer and hard disk for the purpose of infringing the provisions of Copyright Act. Having heard learned counsel for the parties and after perusing the record, this Court is of the opinion that when learned revisional Court has directed for releasing computer on supurdginama till final disposal of the trial, he should have released hard disk on supurdginama because without hard disk, computer cannot be used. Of course, the order passed by the Court below in not granting CD, CD writer on supurdginama, is perfectly in accordance with law as such, prayer for grant of CD, CD writer on supurdginama is hereby refused and the prayer for releasing hard disk is· hereby allowed. As directed by lower revisional Court, if the applicant is able to establish his title over computer, the same be given to him on supurdginama. This Court further adds for grant of hard disk on supurdginama to the applicant if he is able to establish his title, subject to furnishing security bond of Rs. As directed by lower revisional Court, if the applicant is able to establish his title over computer, the same be given to him on supurdginama. This Court further adds for grant of hard disk on supurdginama to the applicant if he is able to establish his title, subject to furnishing security bond of Rs. 5,000/- (Rupees Five Thousand only) for releasing hard disk on supurdginama. With the aforesaid terms, this revision is allowed ill part. CC in 7 days.