DHARMENDRA SINGH JAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Revisional powers of this Court u/Ss. '397' r/W '401' of Cr.P.C. are invoked assailing the legality and propriety of the interim order passed by learned trial Judge on 21/01/2021 dismissing an application u/S. '451' and '457' Cr.P.C. seeking interim custody of vehicle-Motorcycle (Bajaj Pulsar) bearing Registration No. MP07 NC 1922 which was used in the offence of attempt to murder and other peripheral offences i.e. u/Ss. '11/13' of MPDVPK Act and '25/27' of Arms Act.

(2.) It is not disputed that the trial is pending and is at the stage where charge has been framed but adducing of evidence has not yet commenced on behalf of the prosecution and therefore, trial would take long to conclude.

(3.) Learned counsel for the petitioner by relying upon the decision of Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat [AIR 2003 SC 638] and General Insurance Council and others Vs. State of Andhra Pradesh and others [(2010) 3 SCC (Cri.) 226] submits that no useful purpose would be served to allow the seized vehicle-motorcycle to lie idle at the Police Station/Malkhana as it would neither be of any utility for the prosecution and also so, the owner of the vehicle who would be deprived of using the same for any profitable purpose.