BISUNDAS BINJHIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Petition has been filed under Sec. 482 Cr.P.C against the order dtd. 17/1/2020 passed by the Additional Judge, Katghora to the Court of Additional Sessions Judge, Katghora, District Korba in Sessions Trial No.10/2017 whereby, the application filed under Sec. 451 Cr.P.C for interim custody of the motorcycle i.e. Splendor bearing registration No.CG 15 CQ/8982 was dismissed.

(2.) Shri Jaiswal, learned Counsel for the Petitioner submits that the Petitioner is the registered owner of the motorcycle i.e. Splendor bearing registration No.CG 15 CQ/8982, which has been seized by the police for the offence under Ss. 302, 201 and 120-B/34 IPC in Crime No.102/2016 and the Petitioner has been charged for such offence in Sessions Trial No.10/2017 for which, he has preferred an Appeal bearing No.358/2018, which is pending before the Court. Since the said Appeal is pending, vide judgment dtd. 22/2/2018, the application under Sec. 451 Cr.P.C was dismissed and a condition has been imposed that the vehicle shall be released after disposal of the said Appeal. He further submits that the Petitioner has already been granted bail and therefore, the order impugned is not sustainable and is against the proposition which is very well settled by the Supreme Court in the matter of Sunderbhai Ambalal Desai vs. State of Gujarat (2002) 10 SCC 283 and prays for grant of interim custody of the vehicle.

(3.) Shri Kesarwani, learned Counsel appearing for the State does not dispute the proposition laid down in Sunderbhai Ambalal Desai vs. State of Gujarat (supra).