Conditional release of seized articles cannot be denied.

JUDGMENT

Manoj Kumar Garg, J. - The present revision petition has been filed by the petitioner challenging the impugned order dated 15.01.2021 passed by Learned Additional Session Judge No.3, Bhilwara whereby the learned Judge partly allowed the petitioner's application filed under Section 451 Cr.P.C. and refused to release the seized cash amount of Rs.18,60,000/- in favour of the petitioner.

2. Learned counsel for the petitioner submits that the seized amount of Rs.18,60,000/- which was recovered from the possession of the accused person, belongs to the petitioner and the complainant Shankar Lal has no objection if the said amount is released in favour of the petitioner as the complainant was mere an employee in the firm of the petitioner. Therefore, it is prayed that the amount in question be released in favour of the petitioner.

3. Learned Public Prosecutor has opposed the prayer made by the counsel for the petitioner, however learned counsel for respondents No.2 & 3 has no objection if the amount in question is released in favour of the petitioner.

4. I have heard learned counsel for the parties and perused the impugned order as well as material available on record.

5. Hon Ble Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, (2002) 10 SCC 283 has held that conditional release of the seized articles cannot be denied.

6. Accordingly, the instant revision petition is allowed and the order dated 15.01.2021 is hereby quashed and set aside to the extent of not releasing the seized amount of Rs.18,60,000/- in favour of the petitioner and it is ordered that the seized amount of Rs. 18,60,000/- in question be released on supardgi in favour of the petitioner till the completion of the trial upon following conditions:-

(a) the petitioner furnishes a personal bond in the sum of Rs.20,00,000/- with two sureties of Rs.10,00,000/- each to the satisfaction of the trial Court undertaking to deposit the seized amount in the Court as and when required to do so.

(b) the personal bonds of the petitioner and bonds of sureties shall carry the photographs of the petitioner and his sureties and the bond of sureties shall further carry the photograph of persons identifying them before the Court which is with full residential particulars of the sureties and the persons identifying them.