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2017 Supreme(MP) 878

SUSHIL KUMAR PALO
Avinesh @ Dhiraj – Appellant
Versus
State of M. P. – Respondent


Advocates:
Ms. Swati Aseem George for petitioner;

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








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