XI-HC—78 3T^[ ^r {^'ttch 'wi 5?n^r $tiHict) ^J ^ -Y;- ^v •S^ ^(•410^, ^rn-y<l<o, ?s(0l^<, , ^.(V).(?-^^ 33o/ -dTOW g^f^ •"•"""""""""—•" A"-"-^ 200 3ni?rxi^R (^y^) ^^rti ^cnw ^(^<t ^t^^i SB: HON?BLE SHRi DHIRBNI&RA MISHRA. J. pjBTiTlONBR Vs. RBSPONDENT N N6n ((? si T\4 S-9-2007 Shri Roop Naik, Advoc Pradhai-i, Advocate for the peti Shri G.K. Beriwai, Addl.] The petitioner has filec agsdnst the order dated 7-5- Mahasaiiiund in M.J.C. No. Section 451/457 of Cr.P.C. ciirecteci ti-iat tlie vel-iicie seize< offence under Sections 279, custody of the petitioner on 40,000/- and iurther bank g^ baiik and the revision preferr^ has also been rejected by the ii Leai'ned counsel for imposed by both the Courts on Supurdname:is too oneroui . could not pbtain the vehicle 03 with the conditions imposed b; cbt^id^n'l 'Wl^f"? fe^ iRq^K ^3{Rw3?rr^r shtaru Kaiii Nishad, son of Dashrurai-ii shad, aged about 45 years, R/o Village ^tapara, P.S. Pithora, District Mahasamund .G.J ate of Chhattisgai'h, through Police Station ahasamnnri, ni^trict Maha^aTTiiinf} (C.G.1 ^ate appears on behalf of Shri Raghvendra ^ioner. ^ ; Public Prosecutor, for the State. this petition under Section 482 of Cr.P.C. •p007 passed by Chief Judicial Magistrate, >5/'2007 whereby on the application under iled by the petitioner, the trial Court has in connection -with Crime No. 518/2006 for p37 and 338 of I.P.C, be given in interim his furnishing security for a sum of Rs. larantee of Rs. 20,000/- of any Nationalized |d by the petitioner against the above order I'^ipugned order. |-ie petitioner submits that the condition :low for giving the vehicle 'T.V.C. motorcycle and for the aforesaid reason, the petitioner Supurdnama as he was not able to comply >^ the Trial Court for obtaining the vehicle on XI-HC—78 3TT^?T^t R;li<sh ^Sff <2R1^?T $b+li<^ ^ "^ ~3:v5( r^|<q|0<), ^)Tf1<14l<o, Rl^l'(-t^< w^vi\ 'awra? ••"""•—"——"———••——^ 200 an^r ^^R (4C<^<?) ^RHW^Rft^ ^T^T ^upurdnama. Keliai-ice is pla^ Agrawal -v- State of Chhatl further submits that the vehiclle under Sections 279, 337 and confiscation, 11 the vehicie i4 security cannot be demande^ return of the vehicle on Supur|d: denial of interim custody. The| and it is not desirabie that th| seasonal conditions resuiting ellicacy. It is settled law that thel De exercisecl expeciitiousiy and in the intenm custody to th^ ngiitlui owner so tiiat iie may at tiie same time to ensure maf the time of recording of eviden{ fulfiiled by giving the vehicle i]ji However, the Courts below 451 of the Code in such a interim custody and therefor^ Additional Sessions Judge con^ the condition of furnishing ba3|i] surety of Rs. 40,000/~ cannot In the result, the petitioi and it is directed that on petitji< chj^fd4^ HW^\l^^S <Rq^K i73tfiFT3TT^r xi on the decision in the matter of Vishai issarh reoorted in 2003(11 CGLJ 71. He ^ has been seized in connection with offence 1338 of I.P.C. and the same is not liable for not liable for confiscation, in that case, and imposition of onerous condition for |lnama to the petitioner, in fact, aiiiounts to trial of the criminal offence may take time vehicle should be kept exposed to adverse |in the loss of value of the vehicle and its Ipowers under Section 451 of Cr.P.C. should Judiciously. The purpose of giving the vehicle right person is to protect the interest of |i-iot be deprived of the user of the saiiie and ajt the vehicle is produced before the Court at ^e, if so required, The t\\m~i purposes can be interim custody on reasonable conditions, exercised their discretion under Section i~i|ianner that virtualiy amounts to denial of ^, the impugned order passed by leanied [irming the order of the trial Court imposing guarantee of Rs. 20,000/- in addition to le sustained. ' i-|i is allowed. The impugned order is set aside itjioner's fun-iishing security for a sum of Rs. l]ll hc}ve baitiK: XI-HC—78 3TT^T ?5T ^i<=h ^rqr ^^ ^+ii<=b c^-^ ^: ?1 "f-r ^' ® 3^' ^ i^i0^, yiTf1<i4i<o, (si^i'yy 6s-- PO- P-<~^°• 33^/<^^ Nt^dl *^|cb •——••—"•—""•—""—""—-^ 200 3H^?r xnw (<ic<^<^) '^TTW^f^T ^TI^T 50,000/- to the satisfaction that the petitioner shall not| produce the s-ame as and \^| question shall be given to th| the trial. The petition is allowed.| cni<<fo<Ili *iw<?ff '^^fe^ <I^^i< ^^tRiH^n^r Dt the trial Court and on a further condition transfer the vehicle to ai-iy pemon and shali hen called by the trial Court, the vehicle in 5 petitioner in interim custody till disposal of Sd/- Dhirendra Mishra Judge