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2017 DIGILAW 1278 (MP)

Avinesh @ Dhiraj v. State of M. P.

2017-12-18

SUSHIL KUMAR PALO

body2017
ORDER 1. The petitioner has preferred this application under section 482 of CrPC assailing the order dated 15.9.2017 passed by 4th Upper Session Judge Katni in S.T. No. 261/2015 wherein the application for interim released of the vehicle under section 451 of the CrPC was dismissed. 2. Heard, The motor cycle No. MP-21-MF-4952 has been seized from the petitioner. It is stated that the vehicle was being used for commission of the offence. It is further stated that the vehicle has been seized and the blood stains soil and the ragzine seat cover the same was sent for chemical examination. A report of chemical examination has been received. 3. The learned trial Court refused to release the vehicle on the ground that the said vehicle was used for commission of the offence and it may be a matter of evidence. 4. Considering the fact that investigation has been complete and the charge sheet has been filed long ago, if the vehicle is kept in open at the police station, will be damaged.The vehicle if required for the evidence may be called upon by issuing notice to petitioner/supurdar. 5. Keeping in view the direction given in the case of "Sundarbhai Ambalal Desai v. State of Gujrat [2003(II) MPWN 1 (SC)=AIR 2003 Supreme Court 638] it would be appropriate to release the vehicle .This petition is allowed. The vehicle be released to the petitioner subject to the following conditions : (i) That, the applicant shall furnish a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court on an undertaking to produce the said vehicle before the trial Court as and when required. (ii) That, the applicant shall get the vehicle photographed showing the registration number as well as the chassis number of the motorcycle. Such photographs shall be taken in the presence of the responsible officer, who will be deputed by the trial Court and to be kept in the file of the case. (iii) That the personal bond of the applicant as well as surety shall carry the photographs of both and the bond of surety shall further carry the photograph of person identifying him before the Court which would be with full residential proof of the surety and the person in defying him. (iii) That the personal bond of the applicant as well as surety shall carry the photographs of both and the bond of surety shall further carry the photograph of person identifying him before the Court which would be with full residential proof of the surety and the person in defying him. (iv) The applicant shall undertake not to transfer the ownership of the vehicle and shall not lease it to anyone and not make or allow any changes in it to be made so as to make unidentifiable. (v) The applicant will not allow the vehicle to be used for any anti-social activities. (vi) In the event of confiscation order by the Court“competent, the applicant shall keep the vehicle present positively for confiscation. With the aforesaid directions, this revision stands disposed of. A copy of this order be sent to the learned trial Court concerned for necessary compliance. This petition is allowed.