: )s HI6H CCTJRT OF CHHATTISeARH AT BILASPUft Cr-.M.P.No.sSo of 2008 SB : 1-lon'ble Mr. T.P. Sharma. J. ApBl'cant D.Oblesh S/o O.O.Boiyn aged about 45 years, ft/o House Ne.24, Btock No.2 Hotel Staff Quarter, Bhtiui, District- &urg,C.©.) State of Chhattisgarh, Thr-ou3h;0istr-ict Magistpate ftajanandgaon <-.6. Vs. Non-aDol!c(mt (APPLI6ATTON UN&ER SECTTON 482 OF Cr.P.C.) IAr. ftajesh Kumar Jain, counsel for the c^plicant. Ms Sangeetu AAishra, Panel lawyer for the Stnte. .-'^'1 ( • ORAL ORDER (Passed on 19tt December, 2008) This petition is directed against theorder dated 4.12.2008 passed by the Sessions Judge, Rtijnandgaon, jn Criminal Revision No.49/2008 affirming •the order dated 20.10.2008 passed by the Judiciaf MagistrotB Fir'st Gkisss, Rajnandgaon, in Cr-iminal Case No.917/2008 whereby the learned Judicial Magistrate First Class has rejec-ted the application of the opplicant for an interim custody of vehicle motor-cycle bearing No.C.&07 J 9430. 2. The order is chnllenged on the gr-ound that the court below hns not considered the fact That the alfeged vehicle is "ot a wesopon of offence op articte of the offence, but it has been simpty used by the person while committing the offence. 3. I haye heard learned counset for the pdrt-ies cnd perused the order irnpu9ned, petition ond documents appended thereto. 4. Leamedcounsetfortheapplicantsubniits'thcttheopplicantisthe registBred owner of •the motor-cycle bearing No. C.6.07 J 9430 which has been seized in connection with Crime No.36/2008 for -the offence punishable under Sectiori 307/34 of the India" Penal Code aid Sections 25 and 27 of the Arms Act emd the same is laying in an idle position in the potice station. According to the order impugned, the vehicle has been used by -the ac^used for renched cmd leaving the ^>ot and it hos not been used for (Musing injury. Leamed counsel fuither submits that he is ready and willing to take the yehicle' on Supurdnama on -the conditions imposed upon him and he wil! produce the motor-cycle as and when directed by the Court below. 5. On the other hand, order is supportad on beholf of the Stata/re^ondent. * 6. Admittedty, the yehicle is fcying in the police station unattanded and in the tackof proper care may diminish its yafueand eyen renders itsetf useless 7. Taking lnto considemtion Ihe utility ond propriety of the vehicle in question in trial, the order impugned is not sustainabte. B/- 8. Consequently, -the petition is aflowed. Order ddted 4.12.20C% passed by Ihe Sessions Judge. Rajnandgnon, in Criminal Reyision No.49/2008 is hereby set aside. It is directed that if the applicant fumishes a personal Supur-dginama of Rs.30,000/- with one sure+y in the like amount to the satisfaction of -the Judicial Magistrute First Ctass, Rajnahdgaon, the yehicle motor-cycle bearing No. C.G-07 J 9430 be given in an inter-im custody to the appticait. The cpplicant shdll produce the said vehicle before the competent Court' cs and when directed by the said Court. Cert-ified copy as per rules. l| T.P. Sha^na Judge