Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1520 of 2011 Mohd. Yasin Qureshi S/O Late Haroon Qureshi R/O Samanpura, Gali No.-2, B.V. College, Shastri Nagar, P.S. Shastri Nagar, District- Patna. Versus The State of Bihar ---------------------------------- 2. 12.01.2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The present revision application is directed against the order dated 15.11.2011 passed by the Additional Chief Judicial Magistrate, Danapur in Danapur P.S. Case No. 277 of 2011 by which the petition filed for releasing the Vehicle bearing Registration No. BR-1 AJ-1647 has been rejected. The vehicle was seized giving rise to Danapur P.S. Case No. 277 of 2011 dated 6.8.2011 for offence under Sections 379, 411 and 414 of the Indian Penal Code. Learned counsel for the petitioner submits that he is the owner of the aforesaid vehicle and the allegation is that the same was being used for carrying stolen cow and calf. Learned counsel submits that the vehicle is in the police station being subjected to the vagaries of nature and no useful purpose is being served. He submits that the vehicle shall turn into junk if not 2 released and its condition is deteriorating day by day. The petitioner also undertakes to produce the vehicle whenever required. Learned counsel submits that the prayer for such release was rejected on erroneous grounds. The order impugned also does not disclose that there is any dispute with regard to the petitioner being owner of the vehicle in question. Learned counsel in support of his contention states that the vehicle should not be allowed to remain seized for a long period during trial. Learned counsel relies on the decision rendered in the case of Sunderbhai Ambalal Desai Vs. State of Gujrat reported in (2002) 10 SCC 283.The relevant being paragraphs no. 17 and 18. Upon consideration of the facts and circumstances of the case and after hearing learned counsel for the parties and in view of the fact that the ownership of the vehicle is not in dispute, let the vehicle of the petitioner bearing Registration No. BR-1 AJ-1647, which has been seized in connection with Danapur P.S. Case No.277/2011, be released in favour of the petitioner subject to the following conditions:- (i) The petitioner will produce the documents regarding the ownership of the vehicle. 3 (ii) The petitioner will not sell, mortgage or lend the vehicle to any one. (iii) The petitioner will not change the nature or colour of the vehicle. (iv) The petitioner will produce the vehicle if and when required by the police/Court. (v) The petitioner will furnish a bond of Rs. 2,50,000/- with two sureties of the like amount to the satisfaction of the learned trial Court. In the result, this application stands allowed. Let a copy of this order be communicated to the Court below through fax upon the requisite fee being deposited on behalf of the petitioner. (Ahsanuddin Amanullah, J.) Anand Kr.