CMP 324/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. CRIMINAL MISC. PETITION NO.324/07 Gani Mohammad Versus State DATE OF ORDER : 17/01/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Liyakat Ali Khan, for petitioner Mr. Arun Sharma, Public Prosecutor for State *** Instant petition has been filed by petitioner who is husband of registered owner of vehicle i.e. Motorcycle No.RJ-20-13M-7728 in question and being a Muslim lady, she has handed over power of attorney to her husband to take appropriate steps for release of vehicle which has been seized by the police. It appears that Raees Mohammad, who is son of Smt. Kammo who is registered owner of vehicle, is accused in a pending criminal case and is facing trial for offence u/ss.392, 341, 414 & 120B IPC and at the stage when the order was passed by learned trial Judge, it was pending investigation. Counsel informed that the accused is facing trial of the alleged offence which he has committed referred to supra. Power of attorney holder Gani Mohammad, who is husband of CMP 324/07 [2] registered owner Smt. Kammo, filed application u/s.457 Cr.P.C. for release of Motorcycle No.RJ- 20-13M-7728, but the same was rejected by learned trial Judge on the premise that looking to the nature of offence it was not considered appropriate to release the vehicle in question. Revisional Court also upheld the said order. So far as the accused Raeees Mohammad is concerned, he is facing trial for alleged offence which has been committed by him, no adverse inference at this stage in any manner could have been drawn. It is a common experience that whenever a vehicle is seized and kept at police station, its conditions deteriorates day by day, and one day it becomes a scrap even before trial of the case is concluded and thereby it not only becomes individual loss but also a national loss because if the vehicle is on its wheels then it is used for transportation and earns revenue to the State also and therefore, as far as practicable, vehicle should not be permitted to be ruined at police station, as has been held by this Court in Chanduram Vs. State (1994(2)RLR 507) and Deewan Singh Vs. State (1987(2) RLR 798). This Court is not satisfied with the justification furnished by courts below in rejecting application filed U/s 457 CrPC. CMP 324/07 [3] Consequently, this petition is allowed. Orders dt.22/01/2007 & dt.05/02/2007 are hereby quashed and set aside. Taking into consideration all the facts & circumstances of the case, Motorcycle No.RJ-20-13M-7728 seized during investigation in Criminal Case No.216/06 for offences u/ss.392, 341, 414 & 120B IPC, be released on superdginama and delivered to the petitioner during pendency of investigation, inquiry & trial on production of registration certificate & insurance policy on his satisfying following conditions: (1)petitioner shall furnish personal bond in a sum of Rs.75,000/- with two sureties each of Rs.37,500/- to the satisfaction of the trial Court with the stipulation to produce the Motorcycle before the trial Court or competent authority during inquiry, investigation and trial as & when ordered/required. (2)that in the presence of investigating officer, he shall get three coloured cabinet size photographs of the Motorcycle in question each set showing - (a) number plates; (b) chesis number; (c) engine number; & (d) total body of the vehicle and produce photographs & its negatives along with challan before the trial Court. (3) that he shall not change the colour or alter numbers or tamper with the evidence in any CMP 324/07 [4] manner and shall not make or allow any changes in its to be made so as to make it unidentifiable; (4)that without prior permission of the trial Court, he shall not transfer or alienate the said vehicle during pendency of the trial and shall not lease it to any one; [AJAY RASTOGI],J. FRBOHRA,JR.P.A.324CMP2007 17-1.doc