Gulam Ansari, aged about 37 years, son of Iliyas Ansari, resident of Village- Lakrakhonda v. …. Opp. Party P R E S E N T
Case Details
1 Cr.M.P. No.2816 of 2022 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2816 of 2022 Gulam Ansari, aged about 37 years, son of Iliyas Ansari, resident of Village- Lakrakhonda, P.O. & P.S.- Sarath, Dist.- Deoghar, Jharkhand The State of Jharkhand .... Petitioner Versus …. Opp. Party P R E S E N T
Legal Reasoning
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner For the State : Mr. Zaid Ahmed, Advocate : Mr. Fahad Allam, Addl. P.P. ….. By the Court:- 1. 2. Heard the parties. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer for quashing the order dated 07.05.2022 passed by the learned Additional Sessions Judge-II, Deoghar in Misc. Criminal Application No. 105 of 2022 in connection with S.T. Case No. 237 of 2021, corresponding to Sarath (Pathrada O.P.) Case No. 90 of 2020 by which the learned Additional Sessions Judge-II, Deoghar rejected the petition filed by the petitioner for release of the Yamaha motorcycle bearing registration no. JH 15R 2223. 3. The brief fact of the case is that the petitioner is the owner of the vehicle in question. The allegation is that the accused person of the case used the said motorcycle in commission of the offence. The Additional Sessions Judge-II, Deoghar has mentioned in its 2 Cr.M.P. No.2816 of 2022 order dated 07.05.2022 that the said motorcycle is a case property hence; the said motorcycle cannot be released and dismissed the application. 4. It is submitted by the learned counsel for the petitioner that the FIR was lodged against four unknown miscreants and the name of the petitioner transpired at the stage of investigation at the belated stage. It is next submitted by the learned counsel for the petitioner that the petitioner is on regular bail and the motorcycle of the petitioner has validly been insured. It is further submitted by the learned counsel for the petitioner that the petitioner has got nothing to do with the occurrence and the seized motorcycle has not been put on T.I. Parade for identifying the motorcycle. It is next submitted by the learned counsel for the petitioner that the motorcycle of the petitioner do not match the description furnished by the informant and the motorcycle of the petitioner is lying under open sky within the premises of Sarath police station and its condition is deteriorating day by day with decay of the parts of the motorcycle being kept in uncared condition and the work of the petitioner is also affected, in the absence of the motorcycle. It is also submitted by the learned counsel for the petitioner that the trial is going on and there is no chance of the trial being concluded in near future and unless the vehicle is released, the petitioner will be highly prejudiced. Hence, it is submitted that order dated 07.05.2022 passed by the learned Additional Sessions Judge-II, Deoghar in Misc. Criminal Application No. 105 of 2022 in connection with S.T. Case No. 237 3 Cr.M.P. No.2816 of 2022 of 2021, corresponding to Sarath (Pathrada O.P.) Case No. 90 of 2020 be quashed and set aside. 5. Learned Special Public Prosecutor and the learned counsel for the opposite party no.2 on the other hand opposes the prayer for quashing the order dated order dated 07.05.2022 passed by the learned Additional Sessions Judge-II, Deoghar in Misc. Criminal Application No. 105 of 2022 in connection with S.T. Case No. 237 of 2021, corresponding to Sarath (Pathrada O.P.) Case No. 90 of 2020 and for release of vehicle and submits that after investigation of the case, charge sheet has been submitted against the five persons who are not named in the FIR including the petitioner for having committed the offence punishable under Section 395 and 412 of Indian Penal Code. Though, it is contended that T.I. Parade of recovered articles were duly done but the learned Spl. P.P. submits that she is not sure whether seized motorcycle sought to be released in favour of the petitioner was put on T.I. Parade. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 6. Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that trial of the case is going on since long and it is likely to take considerable period of time before the trial is concluded. The undisputed fact remains that the seized motorcycle was lying under the open sky in Sarath police station which is obviously damaging the motorcycle. Under such circumstances, this Court is of the considered view that the learned Additional Sessions 4 Cr.M.P. No.2816 of 2022 Judge-II, Deoghar has committed gross illegality in rejecting the prayer for release of the vehicle. Hence, the order dated 07.05.2022 passed by the learned Additional Sessions Judge-II, Deoghar in Misc. Criminal Application No. 105 of 2022 in connection with S.T. Case No. 237 of 2021, corresponding to Sarath (Pathrada O.P.) Case No. 90 of 2020 is quashed and set aside. 7. The Additional Sessions Judge-II, Deoghar is directed to release the Yahama motorcycle bearing registration no. JH 15R 2223 in favour of the petitioner on the petitioners’ submitting an undertaking on the following terms and conditions: i. ii. iii. iv. v. The petitioner shall furnish an indemnity bond of Rs. 1,50,000/- with two solvent sureties. The petitioner shall produce the vehicle as, and when required by the court. The petitioner shall not sale, mortgage or transfer the ownership of the vehicle during the pendency of the case nor allow anybody else than him to ride the same. The petitioner shall not change or tamper with the identification of the vehicle in any manner during the pendency of the case. Any other condition, if any, to be imposed by the trial court. 8.
Decision
In the result, this criminal miscellaneous petition is allowed. High Court of Jharkhand, Ranchi Dated the 20th December, 2023 AFR/Sonu-Gunjan/- (Anil Kumar Choudhary, J.)