JUDGMENT :

SONIA GOKANI, J.

The appellant is the owner of the vehicle bearing registration No.GJ.12.DJ.109 Hero Splendor. The same was seized in connection with FIR being I CR No.1 of 2018 registered with Mandvi police station for the offence punishable under Sections 302, 201 and 114 of the Indian Penal Code [“IPC” for short] and Section 135 of the Gujarat Police Act.

2. The son of the appellant is an accused, who has been convicted for the offence under Section 302 of the IPC. The FIR culminated into Sessions Case No.22 of 2018 which was against 6 accused & one of them was the son of the present appellant.

2.1 The appellant preferred an application under Section 452 of the Code of Criminal Procedure [“Code” for short] at the end of the trial seeking its release. The same was rejected by the learned 8th Additional Sessions Judge, Kutch at Bhuj vide order dated 16.6.2021 and hence, the challenge.

3. Upon issuance of Notice, learned APP waives the notice for and on behalf of the respondent State and has assisted the Court.

4. We have extensively heard learned advocate Mr. Rahul Dave appearing with learned advocate Mr. Kirtidev Dave for the appellant. Learned advocate Mr. Rahul Dave has em