MD AZIMUDDIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) LEARNED counsel for the petitioner is permitted to add the prayer in paragraph-1 and prayer portion of this writ application, challenging the impugned order dated 14.2.2012, as contained in Annexure-4. This writ application has been filed for release of the Bolero vehicle, bearing registration No. JH-01AE-3612 in favour of the petitioner, being the owner of the said Bolero vehicle. It appears that the said Bolero vehicle has been seized in connection with Seraikella P.S Case No. 63 of 2011 corresponding to G.R No. 644 of 2011, registered for the offence under Sections 224, 225, 225 (A), 341, 342, 353, 222 and 120 (B) of the Indian Penal Code and Section 17 of the C.L.A Act, which relates to jail breaking, in which, several culprits had fled away from the Seraikella jail. It appears that the vehicle was seized by the police as it was found that the accused persons had fled away on the said vehicle.

(2.) LEARNED counsel for the petitioner has submitted that the vehicle of the petitioner is a commercial vehicle which was taken on hire by the co-accused persons and accordingly, the same may be released in favour of the petitioner. The application for release of vehicle filed by the petitioner, was rejected by Sri A.K.Singh, learned J.M 1st class, Seraikella by order dated dated 14.2.2012 passed in G.R Case No. 644 of 2011, stating that the vehicle was used to transport the criminals who were involved in breaking of jail. In the facts and circumstances of the case, taking into consideration the fact that the vehicle is a commercial vehicle, I am of the considered view that, there was no difficulty in release of the vehicle in question in favour of its registered owner upon taking proper undertaking that the vehicle in question shall not be disposed of without prior permission of the Court, during the pendency of the case and shall be produced as and when so directed, and upon such further conditions/ sureties/ undertakings/ bonds from the petitioner as the Court thought fit and proper in the facts of the case.