MADHU SWARNKAR @ MADHU ANAND Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner. Nobody appears on behalf of the State. Petitioner is facing charge punishable under diverse sections including Section 307 IPC vide S.T. No. 24/13. In connection therewith one Toyota Innova vehicle bearing registration mark and number BR-50-P-9090 was seized on 4.11.2012 copy whereof has been enclosed with the application. After completion of investigation charge-sheet was submitted and the case was placed for consideration before the learned trial court vide S.T. No. 24/13. The petitioner claiming himself to be the owner of the said vehicle, approached the court for release of the said Toyota vehicle. The same was considered and rejected by order dated 18.2.2013. While rejecting the said application the trial court observed as under:--

(2.) Learned counsel for the petitioner relying on the principles adumbrated by the Apex Court in such matter in the case of Sunderbhari Ambalal Desai vs. State of Gujarat, 2002 8 Supreme 525, submits that the seized vehicle can be released even in favour of the accused on certain conditions. Keeping the vehicle in the police station and allowing the same to dilapidate is not going to benefit anyone. It is in fact a national loss. Learned counsel submits that original copies of the registration documents and other supporting documents indicating his ownership over the said vehicle would be filed and xerox copies thereof at his cost can be prepared and duly attested/certified by the petitioner can be retained by the court to be used as exhibits in the case. In praying for the release thereof the petitioner is eventually not disputing the factum of seizure of the said vehicle. No issue in this regard can therefore, be raised by the petitioner. In the case of Sunderbhai Ambalal Desai the Apex Court has observed as under in paragraphs 17 and 21:--

(3.) Regard being had to the above, this Court directs the petitioner to approach the court below with all documents of ownership/title over the said vehicle and furnish adequate security/bond as also a bank guarantee whereafter the learned court below shall release the vehicle in favour of the petitioner under a Zimmanama subject to any other reasonable conditions that may be deemed necessary to be imposed. The vehicle should be released in favour of the petitioner within four working days of furhishment/fulfillment of documents/condition(s). The application stands disposed of.