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[CRLR-485/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

JODHPUR

S.B. Criminal Revision Petition No. 485/2023

Rinki @ Rinku

----Petitioner

Versus

State Of Rajasthan

----Respondent

For Petitioner(s)

:

Mr. Surya Deep

For Respondent(s)

:

Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

13/07/2023

1.

An application (I.A. No.01/2023) has been filed by the

learned counsel for the petitioner under Section 5 of the Limitation

Act for condonation of delay of 119 days in filing the petition.

2.

For the reasons stated, the application under Section 5 of the

Limitation Act for condonation of delay is allowed.

3.

Delay in filing the application is condoned.

4.

By way of filing of the instant criminal revision petition,

challenge has been made to the order dated 15.09.2022 passed

by the learned Additional Session Judge, Srikaranpur, District

Sriganganagar in criminal misc. Application No.26/2022 pertaining

to FIR No.27/2022 registered at Police Station Srikaranpur,

whereby the prayer of the petitioner for releasing the mobile in

question i.e. Mobile No. IMEI No.86058605658514 and

860586056588506, has been declined.

5.

Learned counsel for the petitioner submits that he is the

owner of the mobile in question which has been seized by the

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[CRLR-485/2023]

Police Officers. He submits that the petitioner being the owner of

the mobile in question, is the person best entitled to get back the

possession of the seized property. There is no other person

claiming supurdigi of the same.

6.

Learned Public Prosecutor opposed the criminal revision

petition.

7.

Considering the submissions and following the judgment

rendered by Hon'ble the Supreme Court in the case of

Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in

AIR 2003 SC 638 and the order dated 18.11.2022 passed by the

Hon'ble Supreme Court in Criminal Appeal No. 2005/2022 [SLP

(Crl.) No.7280/2022) titled as Sainaba Vs. The State of Kerala

& Anr., wherein, the mobile involved in commission of crime

under Sections 323, 341, 307 and 120-B of IPC was directed to be

released on terms and conditions to be determined by the Special

Court, the revision petition is allowed and this Court deems it just

and appropriate to release the mobile in question in favour of the

petitioner on interim custody till conclusion of the trial provided he

furnishes a Supurdiginama of Rs. 25,000/- and surety of like

amount to the satisfaction of the Court below.

8.

It is made clear that while releasing the phone, learned trial

court shall ensure the availability of call data record pertaining to

the SIM of the mobile in question. The petitioner shall also furnish

an undertaking during trial, no objection and question shall be

raised with regard to the identification of the mobile phone.

(FARJAND ALI),J

148-Hanuman/-