Madhya Pradesh High CourtAshwani Sharma vs The State Of Madhya Pradesh on 8 September, 2017MCRC-8967-2017
              (ASHWANI SHARMA Vs THE STATE OF MADHYA PRADESH)


08-09-2017

     Shri Yadvendra Dwivedi, counsel for the petitioner.
       Shri Akshay Namdeo, Government Advocate, for the
respondent /State.The petitioner has moved present petition undersection 482of Cr.P.C. for release of vehicle Car Innova bearing registration
no.MP-04-BC-1179 on Supurdginama.This car has been seized from the possession of accused by
Police Station Belkheda, District Jabalpur in connection with Crime
No.16/2016 registered undersection 302,376,376-A,376-D,201and34of the IPC.Earlier the petitioner had preferred M.Cr.C.No.9975/2016
undersection 482of CrPC before this Court against the order of
dismissal of application for supurdginama of vehicle to petitioner
moved undersection 457of CrPC passed by the trial court and
learned sessions Court. In the order dated 22.7.2016 passed by
this Court, the petition was dismissed with liberty to revive the
prayer after filing of the chargesheet.It is submitted by learned counsel for the petitioner that the
chargesheet has been filed. All the investigation in regard to
vehicle has been completed. The petitioner is registered owner of
the vehicle, therefore, the vehicle may be released to petitioner on
Supurdginama.Learned counsel for State has opposed the prayer and
submitted that the vehicle is involved in commission of crime.
Therefore, it may not be released.Heard the rival contentions of learned counsel for parties and
 on perusal of the record, prima facie, it appears that the present
petitioner is registered owner of the vehicle having valid insurance
policy issued on his name. Although, the vehicle is involved in
commission of crime of rape and murder of the prosecutrix, but it
is evident that at present all the scientific investigation relating to
vehicle has been completed. The FSL and DNA reports are
received. The question of identification of vehicle does not arise.
Therefore, apparently the vehicle is not required for any sort of
further investigation.The petitioner is a registered owner of the vehicle. If, vehicle
is kept idle and unused in police station, it will get damaged and
become a junk. Therefore, in view of the decision rendered in the
case of Sunderbhai Ambalal Desai Vs. State of Gujrat, AIR 2003 SC
638, the vehicle ought to be released to the registered owner.In view of aforesaid discussion, the petition is allowed. It is
directed that the vehicle be released to petitioner while furnishing
an appropriate amount of Supurdginama as learned trial court
considers proper with solvent surety in like amount to the
satisfaction of trial court.The petitioner shall produce the papers of ownership,
insurance and registration before the trial court. He will keep the
vehicle without making any substantial alteration or change in it
and shall not alienate or dispose of it in any manner. He shall
produce the vehicle before the trial court as directed, on his own
expenses.Accordingly, the petition stands allowed and disposed of.(ANURAG SHRIVASTAVA)
                                                 JUDGE
 TG /-