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2010 DIGILAW 412 (JHR)

Sanjay Kumar Kashera v. State of Jharkhand

2010-04-05

R.R.PRASAD

body2010
Order Learned counsel for the petitioner is permitted to make necessary correction in paragraph-1 and prayer portion. 2. Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 3. This writ application is directed against the order dated 28.5.2009 passed by the learned Additional Sessions Judgecum-7th F.T.C., Giridih in Sessions Trial, No. 298 of 2008 whereby prayer made by the petitioner to release the Motor Cycle, bearing registration no. JH-9H-9095 in his favour was refused. 4. Learned counsel appearing for the petitioner submits that the petitioner when was found carrying certain cable and copper wire on a Motor Cycle bearing registration no. JH-9H-9095, it was intercepted by Bagodar police and the said materials being taken to be stolen Motor Cycle was seized and a case was instituted as Bagodar P.S. case no. 22 of 2008 under Sections 413, 414, 120B/34 of the Indian Penal Code. 5. After completion of the investigation, charge sheet was submitted upon which cognizance was taken and the case was committed to the court of sessions. Thereupon an application under Section 451 of the Code of Criminal Procedure was filed for release of the vehicle on the ground that the petitioner is the owner of -the vehicle and that no useful purpose would be served by allowing the Motor Cycle to be kept in the police custody but that prayer was refused by the learned Additional Sessions Judge-cum-7th F.T.C., Giridih, vide its order dated 28.5.2009. 6. Being aggrieved with that order, this writ application has been filed. 7. Having heard leaned counsel appearing for the petitioner and leaned counsel appearing for the State, it does appear that the Motor Cycle, bearing registration no. JH-9H-9095 was seized when it was found that offences under Sections 413, 414, 120 B/34 of the Indian Penal Code have been committed with the aid of the Motor Cycle but no useful purpose would be served by allowing the Motor Cycle to be kept in police custody that too under open sky subjecting it to climatic hazards and, therefore, order refusing the Motor Cycle in favour of the petitioner is hereby set aside. Consequently, the said Motor Cycle is directed to be released in favour of the petitioner on furnishing bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the Additional Sessions Judge-cum-7th F.T.C., Giridih in connection with Bagodar P.S. case no. Consequently, the said Motor Cycle is directed to be released in favour of the petitioner on furnishing bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the Additional Sessions Judge-cum-7th F.T.C., Giridih in connection with Bagodar P.S. case no. 22 of 2008 and on giving undertaking that whenever the said Motor Cycle would be required by the trial court, the same would be produced and on production of relevant documents concerning the Motor Cycle. 8. With the aforesaid direction, this writ application is disposed of.