Rule.
Learned APP, Shri Kartik Pandya, waives service of rule on behalf of respondent-State.
Petitioner is an accused in Criminal Case bearing C.R.No.221 of 2009. He was arrested and released on bail by this Court by an order dated 11.6.2010.
Petitioner's Motorcycle bearing Registration No.GJ-5-FB 7320 has been seized by the police allegedly used for the commission of offence in question. Petitioner since was in custody, on his behalf, his father applied for release of the muddamal-Motorcycle pending further trial.
In the said application No.220 of 2009, learned Magistrate passed impugned order dated 16th December, 2009 refusing to release the vehicle primarily on the ground that the applicant was the father and vehicle was registered in the name of the son. He was also of the opinion that the vehicle having been lodged and used for commission of offence may be required at the time of trial.
Having heard the learned advocates for the parties, I am of the opinion that pending trial, custody of the Motorcycle should be handed over to the petitioner of-coruse subject to the certain safeguards, as held by Hon'ble Apex Court in the case of S.A.Desai V/s. State of Gujarat reported in 2003(1) GLH 307.
Resultantly, it is directed that the Motorcycle bearing Registration No.GJ-5-FB-7320 having Chasis No.07 05C045212 and having Engine No.07 H 05 M 28622 seized by the police in connection with C.R.No.221 of 2009 at Katargam Police Station be released in favour of the petitioner on following conditions:
(A) That he shall furnish bond of Rs.30,000/- before the learned Magistrate, (B) He shall produce the vehicle as and when directed by the competent Court, (C) He shall not sell, lease, alienate and/or transfer the vehicle to anyone, (D) He shall maintain the vehicle in proper condition till the disposal of the trial.
With above directions, petition is disposed of. Rule is made absolute. Direct service.
(AKIL KURESHI, J.) (ashish) Top