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Saleem Khan S/O Shri Kareem Khan Vs. State - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Case NumberS.B. Cr. Misc. Petition No. 530 of 1985
Judge
Reported in1985WLN(UC)607
AppellantSaleem Khan S/O Shri Kareem Khan
RespondentState
DispositionApplication allowed
Excerpt:
penal code - section 307 and criminal procedure code--supardginama--interim custody of vehicle--granting of--condition of motorcycle likely to deteriorate in police station--held,. motor-cycle be delivered to applicant on condition that he will produce it on date of hearing and shall not change its colour;keeping the vehicle in the police station is likely to deteriorate its condition, it would virtually be reduced to scrape hence there is no harm in case the motor-cycle is delivered on supardginama to the petitioner, however, on the condition that he shall produce the same in the court on each and every date of hearing and would neither get its colour changed nor in any manner alter it so as to make unidentifiable.;application allowed. - .....be delivered to the petitioner as the condition of the vehicle is likely to be deteriorated in the police station. the allegation in that the accused persons had used this motor-cycle for coming to the place of occurrence. the learned magistrate refused it on the ground that the vehicle has been used in serious crime under section 307 ipc and its delivery should not be given.2. i have considered the facts and circumstances of the case and am of the opinion that keeping the vehicle in the police station is likely to deteriorate its condition, it would virtually be reduced to scrape hence there is no harm in case the motor-cycle is delivered on supardginama to the petitioner, however, on the condition that he shall produce the same in the court on each and every date of hearing and would.....
Judgment:

Vinod Shanker Dave, J.

1. This application has been filed for delivery of Motorcycle bearing registration No. RRG 6632 during the investigation and trial. The aforesaid vehicle has been seized in a case under Sections 147, 148, 324 and 307 IPC on June 26, 1985. An application was moved that interim custody may be delivered to the petitioner as the condition of the vehicle is likely to be deteriorated in the police station. The allegation in that the accused persons had used this motor-cycle for coming to the place of occurrence. The learned Magistrate refused it on the ground that the vehicle has been used in serious crime under Section 307 IPC and its delivery should not be given.

2. I have considered the facts and circumstances of the case and am of the opinion that keeping the vehicle in the police station is likely to deteriorate its condition, it would virtually be reduced to scrape hence there is no harm in case the motor-cycle is delivered on Supardginama to the petitioner, however, on the condition that he shall produce the same in the court on each and every date of hearing and would neither get its colour changed nor in any manner alter it so as to make un-identifiable.

3. I accordingly allow this application and direct that the delivery of the vehicle No. RRG 6632 be given to the petitioner on his executing a bond in the sum of Rs. 15,000/- and also, producing a guarantor for the production of the same in the equal amount. In case the petitioner fails to produce the vehicle in the court on each date or as and when desired, it will be open to the trial court to order the seizure of the vehicle once again.


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