CHAUTHI TURI @ CHAUTHIYA TURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal revision is directed against the orders dated 21.7.2010 and 6.9.2010 passed by the learned 1st Additional Sessions Judge, Latehar in Miscellaneous Case No. 03/10, by which the said court forfeited the indemnity bond of Rs. 40,000/-, which was executed by the Petitioner pursuant to the order passed for the release of his motorcycle bearing Registration No. JH01AA-6911. It was alleged that the said motorcycle was involved in a road dacoity arising out of Balumath P.S. Case No. 91/2009, corresponding to G.R. No. 423/09.

(2.) Prosecution story in short was that an FIR was lodged against the son of the Petitioner and other accused persons for the alleged offence under Section 392 of the Indian Penal Code alleging therein that on 22.7.2009 the accused Vijay Turi along with other accused persons snatched the Hero Honda motorcycle of the informant. The son of the Petitioner Vijay Turi was arrested during investigation, who made confession before the police that the motorcycle of his father bearing Registration No. JH01AA-6911 was used in commission of the said offence. Accused Vijay Turi was put on trial along with other accused persons after framing of charge under Section 395 of the Indian Penal Code and was convicted.

(3.) It would be relevant to mention that during the pendency of the Sessions Trial, the motorcycle of the Petitioner, who was not an accused in the said case, was released in his favour on executing indemnity bond of Rs. 40,000/-. After the judgment of conviction was recorded under Section 395 of the Indian Penal Code against the accused Vijay Turi, the learned 1st Additional Sessions Judge, Latehar by the order dated 21.7.2010 directed the Petitioner to produce the motorcycle in the court on 18.8.2010, failing to which it was cautioned that necessary action would be taken against him for realization of the forfeited amount of the indemnity bond. Pursuant to such direction, the Petitioner Chauthi Turi @ Chauthiya Turi produced his motorcycle No. JH01AA-6911 in the court and submitted that he wanted to prefer a revision for the release of his motorcycle. The learned 1st Additional Sessions Judge, Latehar by order dated 6.9.2010 stated that the amount of indemnity bond of Rs. 40,000/-was forfeited took over the custody of the motorcycle and handed it over to the officer-in-charge of Latehar police station for keeping it in the safe custody of the malkhana.