Court No. - 72
Case :- CRIMINAL REVISION No. - 2205 of 2019 Revisionist :- Kiran Singh Opposite Party :- State Of Up Counsel for Revisionist :- Hanuman Prasad Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present revision has been filed to set aside the order dated 27.04.2019 passed by District & Session Judge, Lalitpur, in Session Trial No.126 of 2018 (State Vs. Dilip Kushwaha) arising out of case crime no.104 of 2018, under Sections-302, 201, 34 I.P.C., Police Station-Kotwali, District-Lalitpur, whereby release application bearing no.15 ka for motocycle no.-U.P.93AK-8763 of the revisionist has been rejected.
3. Learned counsel for the applicant submits that though it is true that the applicant's husband Meghraj Singh, is an accused person in S.T. No.104 of 2018 under Sections 302, 201 and 34 IPC, however, indefinite detention of the applicant's motorcycle bearing Registration No.UP-93-AK-8763 is unjust considering the said motorcycle is also alleged to have been involved in the occurrence, would serve no useful purpose as the trial is going to take a long time to complete and the motorcycle belonging to the applicant, if continued in Court custody for that period of time, would lose in its value. In fact, it may be rendered scrap by the passage of time.
4. Also, it has been submitted that, even if, the vehicle is retained, it may not lead to any better evidence during the trial inasmuch as the said vehicle is lying in open area and, in any case, its condition is deteriorating.
5. On the other hand, it is submitted that if the same is released in favour of the applicant, no prejudice would be caused to any party as the applicant undertakes to produce the same motorcycle to the learned court below, as and when, the same is required.
6. Accordingly, considering the above submission advanced by learned counsel for the applicant looking at the nature of the property and the impugned order, it does not appear that any vital issue of fact is involved and it may not cause prejudice if the vehicle is released in favour of the applicant.
7. With the above observations, the present revision is disposed of and the order dated 27.04.2019 is set aside. The matter is remitted to the learned court below to pass and direct release of the vehicle in accordance with law on such terms and condition the learned court below may deem fit.
Order Date :- 31.5.2019 S.Chaurasia