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2013 DIGILAW 1538 (MP)

Shishupal Singh v. State of M. P.

2013-12-09

SUBHASH KAKADE

body2013
ORDER 1. Heard finally with the consent of the learned counsel for the parties. 2. This petition under section 482 of the CrPC has been filed being aggrieved by order dated 29.10.2013 passed by the Chief Judicial Magistrate, District Sidhi (M.P.) in Forest Crime No. 535/11, whereby the application filed by the applicant under section 457 of the CrPC for interim custody of offending Tractor bearing registration number M.P-53 AA-2571 and Trolley bearing registration number M.P.-53 AA-2572 has been dismissed. 3. The facts, in short, are that an offence has been registered vide Forest Crime No. 535/11 before Chief Judicial Magistrate, Sidhi for the offence punishable under sections 27, 29, 39, 51 of Wild Life (Protection) Act and sections 2, 41, 52 of the Forest Act. The applicant has filed an application under section 457 of the CrPC for releasing the offending vehicle on interim custody on Supurdginama, which has been dismissed by learned Magistrate. 4. Learned counsel for the applicant has submitted that the dismissal of the application is illegal on the basis of fact that the property is seized for committing an offence under the Wild Life (Protection) Act or the Forest Act, because an information regarding confiscation proceedings has been received from Forest Officer, therefore, trial Court is not in a position to pass an order for releasing the offending vehicle on interim custody on Supurdginama. 5. Learned counsel for the applicant has submitted that this case is squarely covered by the earlier decision of Full Bench of this Court passed in the case of Madhukar Rao v. State of M.P. - 2000 (1) JLJ 304 = 2000(1) MPLJ (F.B.) 289 and aforesaid dictum of Full Bench of this Court has been affirmed by the apex Court in the case of State of M.P. v. Madhukar Rao – 2008 (1) JLJ 427 . 6. Learned Govt. Advocate for the respondents/State has supported the impugned order passed by learned Chief Judicial Magistrate, Sidhi. 7. Consequently, in view of aforesaid, this petition is allowed. Impugned order dated 29/10/2013 is hereby set aside. The offending Tractor bearing registration number M.P-53 AA-2571 and Trolley bearing registration number M.P.-53 AA-2572 are directed to be released on interim custody on furnishing a Supurdginama by the applicant in a sum of Rs. 7. Consequently, in view of aforesaid, this petition is allowed. Impugned order dated 29/10/2013 is hereby set aside. The offending Tractor bearing registration number M.P-53 AA-2571 and Trolley bearing registration number M.P.-53 AA-2572 are directed to be released on interim custody on furnishing a Supurdginama by the applicant in a sum of Rs. 2,50,000/- (Rupees Two Lac and Fifty Thousand) with one surety in the like amount to the satisfaction of Chief Judicial Magistrate, Sidhi, till the disposal of Criminal Case arising out of Forest Crime No.535/11 as well as till the final disposal of confiscation proceedings pending in the Forest Department, if any, on the following terms and conditions:- 1. The applicant will not transfer, sale, alienate or create any third party interest with respect to Tractor bearing registration number M.P-53 AA-2571 and Trolley bearing registration number M.P.-53 AA-2572. 2. The applicant will not change the colour of Tractor bearing registration number M.P-53 AA-2571 and Trolley bearing registration number M.P.-53 AA-2572. 3. The applicant shall produce the Tractor bearing registration number M.P-53 AA-2571 and Trolley bearing registration number M.P.-53 AA-2572 as and when required by the trial Court during trial till the disposal of criminal case arising out of Forest Crime No.535/11 as well as by the confiscating authority till the final disposal of confiscation proceedings pending in the Forest Department, if any. 8. Accordingly, this petition is disposed of with the aforesaid directions.