HAZARI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition, the petitioner seeks to challenge the order dated 12.08.1999 passed by Chief Judicial Magistrate, Nagaur in Criminal Misc. Case No. 96/1999 whereby the learned trial Court dismissed the application filed by the petitioner under section 451 Cr.P.C. for releasing the truck No. RJ 07/G. 0352 on 'Supurdginama'.

(2.) An FIR was lodged by non-petitioner No. 2 Yakub with the Police Station Nagaur on which crime report No. 447/1997 dated 04.11.1997 was registered and after investigation, police filed the challan against the petitioner for the offences u/gs. 376/511, 452 and 379 IPC. On revision the charge u/ section 376/511 was set aside and under sections 354, 452 and 379 was ordered to be framed against the petitioner. The petitioner is a registered owner of the said truck. The petitioner earlier filed application under section 457 Cr.P.C. which was rejected by learned trial Court on 04.03.1998 against which the petitioner preferred a Criminal Misc. Petition No. 175 /1998 which was decided on 14.05.1999 and the petitioner was directed to apply for release of the vehicle to the learned Magistrate before whom the trial is pending and the learned Magistrate was directed to decide the application. Accordingly, the petitioner again moved before the learned trial Court. By order impugned the learned trial Court dismissed the application filed by the petitioner for release of the said truck. Notice issued by this Court has been served personally on the non-petitioner No. 2 Yakub on 19.02.2001. Despite service non-petitioner No. 2 did not appear before this Court and contest the petition filed by the petitioner. Learned counsel for the petitioner relied on judgment of Hon'ble Supreme Court in Rajendra Prasad v. State of Bihar and Anr., JT 2000(5) SC 502 the Hon'ble Supreme Court held as under:

(3.) The petitioner is registered owner of the truck seized by the police. Copy of the registration certificate issued by District Transport Officer, Bikaner is placed on record and the original has been shown to the Court. The said truck was seized on 05.11.1997 and about a period of 4 years have since elapsed and the truck is lying in the police custody at the compound of Police Station Nagaur. No fruitful purpose would be served to detain the said truck lying idle in the police custody. Without going into the title and correctness of the transaction if any between the petitioner and non-petitioner No. 2, I consider it just and proper to release the aforesaid truck in favour of the petitioner on "Supurdginama". Accordingly, it is directed that the truck No. RJ 07/G 0352 be released on 'Supurdginama' in favour of the petitioner provided the petitioner executes a bond in sum of Rs. 2,00,000 /- with two solvent securities with stipulation that : - (i) He will produce the truck back in the trial Court whenever required by the Court during pendency of the criminal case and (ii) He shall not alienate or transfer the vehicle during the pendency of the case.