Full Judgment
M.Cr.C.No.11162/2013 25.09.2013 Shri Ashish Tiwari, counsel for the applicant.
Shri R.N.Yadav, Panel Lawyer for the respondent/State.
As prayed by learned counsel for the applicant, heard the learned counsel for the parties finally with the consent of learned Panel Lawyer.
The applicant has challenged the order dated 1.3.2012 passed by the learned J.M.F.C.Bijawar, District Tikamgarh in Criminal Case No.893/11, whereby the application under Sections 451 & 457 of Cr.P.C.filed by the applicant was dismissed.
The applicant has also challenged the order dated 26.3.2012 passed by the learned Additional Sessions Judge Bijawar, District Chhatarpur in Criminal Revision No.5/12, whereby the revision filed by the applicant was also dismissed.
Facts of the case, in short are that, a criminal case for the offence punishable under Section 392 of IPC was registered against the applicant.
In that case, during the investigation, a motorcycle bearing registration No.MP36 MB7326was seized, which was admittedly of the applicant.
The applicant applied for the temporary possession of the motorcycle, but the learned J.M.F.C.vide order dated 1.3.2012 dismissed the application and the revision filed by the applicant was also dismissed.
After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, it is apparent that the seized motorcycle was of the applicant himself and sufficient time will be required for the disposal of the case.
In the meantime, if the motorcycle is parked at Police Station concerned or Malkhana then, it should be deteriorated.
Under such circumstances, it is not necessary to keep the motorcycle with the prosecution or the Court, whereas it can be given to the applicant with the conditions that if the trial Court desires to get the motorcycle back then, it may be produced before the trial Court.
On the basis of aforesaid discussion, the petition under Section 482 of Cr.P.C.filed by the applicant namely Dev Singh Thakur is hereby allowed.
His application under Sections 451 and 457 of Cr.P.C.is also allowed.
It is directed that, if the applicant furnishes a Supurginama bond in the sum of `41,000/- alongwith a surety bond that he shall produce the motorcycle as and when required by the police or by the trial Court on his own expenditure and he shall not sell or mortgage the motorcycle to anyone else during pendency of the case then, the motorcycle bearing registration No.MP36MB7326may be handed over to the applicant on Supurginama.
Copy of the order be sent to the trial Court for information and compliance.
(N.K.GUPTA) JUDGE pnkj