HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 3617/2020

Ram Lal S/o Deepa Ram, Aged About 29 Years, b/c Janva

Choudhary, r/o Mundara Tehsil Bali Ps Sadri Dist. Pali

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Ripudaman Singh

For Respondent(s)

:

Mr. Gaurav Singh PP for the State.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

09/02/2021

1.

In wake of onslaught of COVID-19, abundant caution is being

taken while hearing the matters in Court.

2.

The petitioner has preferred this criminal misc. petition

praying that the order dated 21.10.2020 passed by learned

Special POCSO Court, Pali, be set aside, whereby the said court

rejected the application preferred by the petitioner under Section

451 of Cr.P.C. while refusing to release the vehicle (Scorpio)

bearing registration No.GJ-12J-4722 to the petitioner.

3.

The learned counsel for the petitioner states at Bar that

no confiscation proceedings are pending qua the vehicle

in-question and the same is case property. The learned counsel for

the petitioner has relied upon Sunderbhai Ambalal Desai vs.

State of Gujarat, (2002) 10 SCC 283, to contend that the

Supreme court has held that the vehicle should not be permitted

to remain parked in the police station as same shall gather rust

(2 of 2)

[CRLMP-3617/2020]

and shall not remain useful.

4.

Learned PP is not in a position to refute the above position.

5.

Relying upon the judgment of Supreme Court in the case of

Sunderbhai Ambalal Desai (supra), the present petition is allowed

and the trial court is directed to release vehicle (Scorpio) bearing

registration No.GJ-12J-4722 on supardaginama in favour of

petitioner on usual conditions, which the trial court deems fit,

provided he furnishes a bank guarantee of Rs.12,00,000/- before

the trial court. It is further made clear that if the ownership

certificate in regard to the vehicle in question is not produced by

the petitioner within a period of three months from the date of

release of the vehicle, the aforesaid bank guarantee shall be

confiscated and released in favour of the Deputy Secretary,

Rajasthan State Legal Services Authority, Jodhpur. Such a heavy

bank guarantee is imposed because the vehicle in question is yet

to be transferred in the name of the petitioner. However, in case

the requisite ownership certificate is received, then the bank

guarantee to the extent of Rs.6,00,000/- shall continue to remain

with the court and be released in accordance with the final

disposal of the matter.

(DR.PUSHPENDRA SINGH BHATI),J.

91-SKant/-