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Shailendra Singh v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 11448 of 2005 [2006] RD-AH 10820 (3 July 2006)


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Court No.43

        Crl. Misc. Writ Petition   No.11448  of 2005.

Sailendra Singh       --------- Petitioner.


State of U.P and others        ----   Opp. Parties


    Heard Sri Kamal Kumar Tiwari, learned counsel for the petitioner and learned A.G.A.

     According to the allegation, the vehicle was involved in the commission of offence. The vehicle Tata Sumo No. 53L-9705 was said to be used in the commission of offence. The petitioner applied for release of the said vehicle which was refused by the trial court and its revision was also dismissed.  The registration certificate shows that Sailendra Singh is the registered owner of the aforesaid  vehicle. The conclusion of the trial may take a considerable long time and if the vehicle is  permitted to be detained at the police station, it may damage and its efficiency may deteriorate, hence there would be no harm if it is given for the interim custody of the petitioner.

      Consequently, the writ petition is allowed. The order dated 30.4.2005 and order dated 12.9.2005 passed by Chief Judicial Magistrate, Gorakhpur and Sessions Judge, court No.1, Gorakhpur (Annexures 4 and 5 respectively to the writ petition) are hereby set aside. The vehicle Tata Sumo No.UP 53L-9705 may be released in the custody of petitioner Sailendra Singh on his furnishing a personal bond for rupees one lac with two sureties each in the like amount to the satisfaction of the Magistrate concerned. The petitioner has also undertaken that the vehicle  will not  use in the commission of  any offence in future and  shall produce before the court or any authority whenever so requires.




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