JUDGMENT 1. - This Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for releasing the Scorpio vehicle bearing Registration No.RJ-19-UA-3521 on Supardginama. The said vehicle was seized by the police in connection with the FIR No.59/2014 dated 21.02.2014 of Police Station, Ratanada, District Jodhpur East for the offences under Sections 420 and 120-B IPC read with Sections 3, 4, 5 and 6 of Rajasthan Public Examination (Provision of Unfair means) Act, 1992 and Section 67 of Information Technology Act, 2000. 2. Learned counsel for the petitioner has S.B. Criminal Misc. Petition No.2437/2014 Bhanwar Lal v. State of Rajasthan & Anr. submitted that the Chief Judicial Magistrate, Jodhpur Metropolitan has rejected the application filed under Section 457 Cr.P.C. of the petitioner for releasing the vehicle on Supardginama only on the ground that the agreement to sale executed by the respondent No.2 in favour of the petitioner has not been verified by the police. It is further contended that the petitioner has preferred a revision petition before the Sessions Judge, Jodhpur Metropolitan, however, since that court was not inclined to allow the revision petition, the counsel for the petitioner withdrawed the same, hence, the revision petition preferred by the petitioner has been dismissed as withdrawn. It is submitted that the vehicle is in custody since February, 2014 and lying unattended in the premises of Police Station, Ratanada, District Jodhpur and there is all possibility that the condition of the vehicle will be deteriorated day-by-day. 3. Learned counsel for the petitioner has placed reliance on a decision of the Hon'ble Supreme Court rendered in Sunderbhai Ambalal Desai v. State of Gujarat reported in 2002 SC CANDID 1015. 4. Learned counsel for the respondent No.2 has submitted that the respondent No.2, who is registered owner of the vehicle, has already sold the vehicle to the petitioner through agreement to sale dated 14.12.2014 and he has no objection if the said vehicle is released on Supardginama to the petitioner. 5. Learned Public Prosecutor has opposed the prayer of the petitioner for releasing the vehicle in question on Suardginama. 6. Heard learned counsel for the parties and perused the impugned orders. 7. At the time of raid by the police, certain accused persons were apprehended and vehicles were also seized including the vehicle in question.
5. Learned Public Prosecutor has opposed the prayer of the petitioner for releasing the vehicle in question on Suardginama. 6. Heard learned counsel for the parties and perused the impugned orders. 7. At the time of raid by the police, certain accused persons were apprehended and vehicles were also seized including the vehicle in question. The investigation into the allegations levelled in the FIR No.59/2014 dated 21.02.2014 of Police Station, Ratanada, District Jodhpur is still going on. However, the learned Public Prosecutor has not been able to satisfy this Court that the vehicle in question is required for completion of the investigation. 8. Keeping in view the fact that the vehicle in question is lying at police station in an exposed unattended condition is likely to render it to a total waste. Hence, this Court is inclined to allow this Criminal Misc. Petition with direction to release the vehicle in question on Supardginama to the petitioner. 9. In view of the above decision and in view of the principles enunciated by the Hon'ble Apex Court in Sunderbhai Ambalal Desai's case (supra), this Criminal Misc. Petition is allowed. The impugned order dated 24.05.2014 passed by the Chief Judicial Magistrate, Jodhpur Metropolitan and the order dated 18.07.2014 passed by the Sessions Judge, Jodhpur Metropolitan are hereby set aside. The Scorpio vehicle bearing Registration No.RJ-19-UA-3521 shall be handed over to the petitioner upon his furnishing a Supardginama in the sum of Rs. 6,00,000/- and a surety in the like amount to the satisfaction of the learned trial court. The trial court shall impose the usual condition upon the petitioner.Petition allowed. *******