JUDGMENT 1. - Instant petition U/s. 482, Cr.P.C. has been filed assailing order dated 29.9.06 in Cr. Rev. No. 41/06 passed by Addl. Sessions Judge, No. 2, Deeg (Bharatpur) who upheld the order dated 04.08.06 whereby Judl. Mag. Kama (Bharatpur) rejected application of petitioner for release of Jeep (Armada) No. HR-51-D-0402 seized during investigation in FIR No. 126/2004. 2. FIR-126/2004 was lodged at PS Jurhara (Bharatpur) for offence U/s. 302/201, IPC. Pendente investigation, jeep (Armada) (HR-51-D-0402) of manufacturing year 1998 was seized by investigating agency. 3. Petitioner filed an application for release of aforesaid vehicle on superdginama U/s. 457, Cr.P.C. Learned trial Judge after taking note of material on record, rejected the application on the premise that this vehicle has been used in commission of alleged offence and at the stage of investigation, it would not be proper to release the vehicle and this finding was affirmed by Court of Revision as well, vide orders impugned (supra). 4. Counsel submits that petitioner is registered owner of jeep in question and no body except him has come forward for release thereof on superdinama and in case the vehicle is not released in his favour, and remain in police custody duly seized rather resulting into scrape having no use for him in future. Counsel further submits that petitioner is neither an accused nor in any manner connected with commission of offence alleged in instant FIR and is ready to abide by conditions which this Court may deem proper to impose for release of the vehicle. 5. Having heard learned counsel for petitioner and Public Prosecutor and considered their contention, as also material on record, it is clear that the release of the jeep was declined by both the courts below on sole ground that it is one of material evidence and will be required during investigation and because proceedings are yet to be initiated. It is not in dispute that the jeep is lying in custody of SHO PS Jurhara (Bharatpur) in an open place and chance of its being damaged on account of its exposure to natural effects like sun & rain etc., which is imminent, rather it will diminish its value and also deprive the petitioner of his regular income, which will also add to national loss. 6.
6. It is a common experience that whenever a vehicle is seized and kept at police station, its conditions deteriorates day by day, and one day it becomes a scrap even before trial of the case is concluded and thereby it not only becomes individual loss but also a national loss because if the vehicle is on its wheels then it is used for transportation and earns revenue to the State also and therefore, as far as practicable, vehicle should not be permitted to be ruined at police station, as has been held by this Court in Chanduram v. State ( 1994(2) RLR 507 ) and Deewan Singh v. State ( 1987(2) RLR 798 ) . This Court is not satisfied with the justification furnished by courts below in rejecting application filed U/s. 457 Cr.P.C. 7. Consequently, this petition is allowed. Orders dated 04.08.06 of the Judl. Mag. Kama & dated 12.09.06 of the Additional Sessions Judge, No. 2 Deeg are hereby set aside. Taking into consideration all the facts & circumstances of the case, Jeep (Armada Make of Mahindra & Mahindra) No. HR-51-D-0402 seized during investigation in FIR No. 126/2004 for offence U/s. 302/201, IPC be released on Superdginama and delivered to the petitioner during pendency of investigation, inquiry & trial on production of registration certificate & insurance policy on his satisfying following conditions : (1) Petitioner shall furnish personal bond in a sum of Rs. 4,00,000/- (Four lacs only) with two sureties each of Rs. 2,00,000/- (Two lacs) to the satisfaction of the trial Court with the stipulation to produce the jeep before the trial Court or competent authority during inquiry, investigation and trial as & when ordered/required. (2) that in the presence of investigating officer, he shall get three coloured cabinet size photographs of the jeep in question each set showing-(a) number plates; (b) chesis number; (c) engine number; & (d) total body of the vehicle and produce photographs & its negatives alongwith challan before the trial Court.
(2) that in the presence of investigating officer, he shall get three coloured cabinet size photographs of the jeep in question each set showing-(a) number plates; (b) chesis number; (c) engine number; & (d) total body of the vehicle and produce photographs & its negatives alongwith challan before the trial Court. (3) that he shall not change the colour or alter numbers or tamper with the evidence in any manner and shall not make or allow any changes in its to be made so as to make it unidentifiable; (4) that without prior permission of the trial Court, he shall not transfer or alienate the said vehicle during pendency of the trial and shall not lease it to any one; Petition allowed. *******