SBCrlmp No.1964/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CR.MISC.PETITION NO.1964/2010. Smt.Gangabai Vs. State of Rajasthan Date of Order : 25/10/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Shashi Bhushan Gupta for the petitioner. Shri Peeyush Kumar, Public Prosecutor for State. ****** BY THE COURT:- This petition has been filed by petitioner-Smt.Gangabai against the order dated 15/9/2010 rejecting thereby application for release of Tractor on Superdginama. Contention of the learned counsel for petitioner is that the aforesaid tractor was seized in connection with the offence u/Ss.41, 42 and 379 IPC in FIR No.115/2010 on 15/6/2010. Initially, application was made by Ramlal Gurjar, who was registered owner of Tractor No.RRR-1486. Application was rejected on the ground that he had no legal right to claim delivery of the tractor on superdginama. Petitioner authorised Ramlal Gurjar by special power of attorney for handing over the custody of the aforesaid vehicle. The application was rejected simply on SBCrlmp No.1964/10. 2 the ground that the application filed earlier was rejected. Learned counsel for petitioner submitted that according to the aforesaid facts, petitioner is entitled for the custody of the truck. There is no other claimant. No useful purpose will be served in keeping the vehicle in police custody. It may deteriorate its condition which will be a national wastage. There is no statutory bar on the release of the vehicle on supardiginama during the trial. Learned counsel for petitioner in support of his argument, placed reliance on the judgments of this Court in Arif Khan Vs. State of Rajasthan : 2004 WLC (Raj.) UC 540 & Nanda Vs. State of Rajasthan : 2004 WLC (Raj.) UC 608. Thus, considering all the facts and circumstances of the case, I deem it just and proper to allow this petition under Section 482 Cr.P.C. for securing ends of justice. Consequently, the petition is allowed. The order of the learned Additional Judicial Magistrate (Ist class) No.1, Bundi dated 15/9/2010 is set-aside. It is directed that Tractor No.RRR.1486 shall be delivered to the petitioner on Supardgi on furshing “Supardiginama” in the sum of Rs.2 lacs SBCrlmp No.1964/10. 3 undertaking to produce the vehicle in question before the concerned court as and when required and shall keep the condition of the vehicle intact and shall not transfer, mortgage or otherwise alienate the vehicle or damage it and change its shape in any manner whatsoever. She shall also furnish photographs of the Tractor showing its numbers, colour etc. (MOHAMMAD RAFIQ), J. anil