1 S.B. CRIMINAL II REVISION PETITION NO. 1278/2007 Rashid Mohd Vs. State of Rajasthan DATE OF ORDER : 3.1.2008 HON'BLE MR. GOVIND MATHUR, J. Mr. Deepak Menaria, for the petitioner. Mr. Ashok Upadhyaya, Public Prosecutor. **** This petition under Section 397 read with Section 401 Cr.P.C. is preferred to assail validity propriety and correctness of the order dated 6.11.2007 passed by the learned Addl. Sessions Judge (Fast Track) No.1, Udaipur rejecting the application preferred under Section 451, 457 Cr.P.C. by the petitioner for releasing Tavera Car having registration No.RJ-27 TA 0533. The vehicle aforesaid was seized by the investigating agency in relation to a case under trial for the offence under Section 302 IPC. Learned Addl. Sessions Judge rejected the application by treating the vehicle in question as a material evidence in murder case. It is contended by learned counsel for the petitioner that the vehicle is lying without any care at police station Hiran Magri, Udaipur and that will reduce it to scrap. It is further stated that the petitioner is registered owner of the vehicle in question and that was purchased by him by getting loan advanced from a financial institution, as such, to satisfy the instalments use of vehicle is necessary. 2 The vehicle being used for a serious crime of murder the petition is opposed by learned Public Prosecutor. I have considered the rival contentions. It is true that if the vehicle is allowed to continue to remain at police station without adequate care, its condition will deteriorate and shall be reduced to scrap in the course of time. No doubt the vehicle is an evidence in a murder case but in the instant matter where the petitioner is ready to furnish appropriate sureties for the production of the vehicle as and when it is called I am of the view that no useful purpose shall be served by keeping the vehicle in custody of the police. Considering the overall facts and circumstances of the case it is just and proper to accept the application preferred by the petitioner under Section 451, 457 Cr.P.C. with a direction to deliver the vehicle No.RJ-27 TA-0533 on `Supardagi' to the petitioner subject to the condition that he furnishes a personal bond in the sum of Rs.3,50,000/- and two sureties in the sum of Rs.1,25,000/- each to the satisfaction of the trial court and also with the condition that the vehicle shall be produced in the court as and when required to do so. The petitioner shall get three coloured cabiner sized photographs of the vehicle having the number plate, chassis number, engine number 3 and total body of the vehicle. The photographs shall be taken in presence of the Station House Officer, Hiran Magri, Udaipur and also the learned Public Prosecutor before release. The photographs shall be submitted to the trial court in duplicate. An undertaking shall also be executed by the petitioner that he shall not change the colour or alter numbers or tamper with the evidence in any manner. He shall also not transfer or alienate the vehicle during pendency of the trial. The sureties desired to be furnished must be verified by competent revenue officer. With the order above the revision petition is disposed of . (GOVIND MATHUR),J. J.G.