Case Note & Summary
The petitioner, Dr. Reshma Suraj Pawar, filed a Criminal Writ Petition before the Bombay High Court seeking quashing of an order dated 24th October 2019 passed by the learned Additional Sessions Judge, Kolhapur, in MPID Case No. 1/2018, which refused to release her vehicle, an Audi A-6 bearing registration No. MH-09-EK-5083. The vehicle was seized in connection with an MPID case registered at Shahupuri Police Station, Kolhapur, being C.R.No. 246/2018. The petitioner claimed to be the registered owner of the vehicle and contended that the vehicle was not used in the commission of the alleged offence and that its continued detention was causing her hardship. The respondents included the State of Maharashtra, Rajendra Bhimrao Nerlekar (original accused No.1), and the legal heir of deceased accused Shahanoor Akbar Mujawar. The court noted that the respondent No.3 had died and the petition against him stood abated. Despite service, respondent No.2 did not appear. The High Court, after hearing the petitioner's counsel and the learned APP, allowed the petition. The court quashed the impugned order and directed the release of the vehicle to the petitioner on conditions: the petitioner must execute a personal bond of Rs. 10,00,000/- before the trial court, furnish an undertaking not to transfer or alienate the vehicle until the conclusion of the trial, and produce the vehicle as and when required by the trial court. The court also directed that the trial court may impose any other conditions as deemed fit. The petition was disposed of accordingly.
Headnote
A) Criminal Procedure - Quashing of Order - Release of Vehicle - MPID Act - The petitioner sought quashing of the order dated 24th October 2019 passed by the learned Additional Sessions Judge, Kolhapur, refusing to release her Audi A-6 vehicle seized in connection with MPID Case No. 1/2018. The High Court held that the vehicle was not used in the commission of the offence and its continued detention would cause hardship to the petitioner, who is the registered owner. The court allowed the petition, quashed the impugned order, and directed the release of the vehicle to the petitioner on certain conditions, including furnishing a bond and an undertaking not to transfer the vehicle. (Paras 1-9) B) Criminal Procedure - Release of Vehicle - Conditions - Section 451 CrPC - The court directed that the vehicle be released to the petitioner upon her executing a personal bond of Rs. 10,00,000/- and furnishing an undertaking not to transfer or alienate the vehicle until the conclusion of the trial. The petitioner was also required to produce the vehicle as and when required by the trial court. (Para 9)
Issue of Consideration
Whether the order dated 24th October 2019 passed by the learned Additional Sessions Judge, Kolhapur, below Exhibit 28 in MPID Case No. 1/2018, refusing to release the petitioner's vehicle, is liable to be quashed and set aside, and whether the vehicle should be released to the petitioner.
Final Decision
The petition is allowed. The order dated 24th October 2019 passed by the learned Additional Sessions Judge, Kolhapur, below Exhibit 28 in MPID Case No. 1/2018 is quashed and set aside. The trial court is directed to release the vehicle i.e. Audi A-6 35 TDI Limozin bearing registration No. MH-09-EK-5083 to the petitioner on her executing a personal bond of Rs. 10,00,000/- before the trial court and furnishing an undertaking that she shall not transfer or alienate the vehicle till the conclusion of the trial. The petitioner shall also produce the vehicle as and when required by the trial court. The trial court may impose any other conditions as it deems fit.
Law Points
- Quashing of order refusing release of vehicle
- Release of vehicle in MPID cases
- Conditions for release of vehicle
- Section 102 CrPC
- Section 451 CrPC
- MPID Act
