Case Note & Summary
The petitioner, Pralhad s/o Babanrao Thombre, owned a Tavera Jeep (MH-15/E-6626) used in his business of vehicle sale, purchase, and transport. On 6 June 2012, Police Inspector, Kurunda Police Station, registered Crime No. 33/2012 under Section 302 read with Section 34 IPC for the murder of one Sachin. The vehicle was seized as it was allegedly used to lift the victim from Aurangabad and commit murder inside the jeep. The petitioner claimed he had given the vehicle on rent and was unaware of its involvement in the crime. He filed Misc. Criminal Application No. 141/2012 under Section 457 CrPC before the Judicial Magistrate (F.C.), Basmath, seeking release of the vehicle on supurtnama. The Magistrate rejected the application on 13 July 2012, holding that the offence under Section 302 IPC was triable by the Sessions Court. The petitioner then filed Criminal Revision Petition No. 16/2012 before the Additional Sessions Judge, Basmathnagar, who dismissed it on 23 August 2012, observing that the vehicle was used in the murder, the cushion was cut (important evidence), and releasing it might lead to destruction of evidence. Aggrieved, the petitioner filed the present writ petition under Articles 226 and 227 of the Constitution. The High Court considered the submissions and relied on a Supreme Court precedent (Sunderbhai Ambalal Desai v. State of Gujarat). It held that the owner was not an accused, investigation was complete, and the vehicle could be released on conditions to preserve evidence. The court quashed the lower orders and directed release of the vehicle on supurtnama upon the petitioner furnishing a personal bond of Rs. 5,00,000 and an undertaking not to alter the vehicle's interior or alienate it, and to produce it as and when required.
Headnote
A) Criminal Procedure - Interim Custody of Vehicle - Section 457 CrPC - Release of vehicle used in murder - Owner not accused - Investigation complete - Court allowed release on supurtnama with conditions to preserve evidence - Held that mere use of vehicle in crime does not bar release if owner is innocent and evidence can be safeguarded (Paras 6-8).
Issue of Consideration
Whether a vehicle used in the commission of a murder can be released to its owner under Section 457 of the Code of Criminal Procedure, 1973, pending trial, when the owner is not an accused and investigation is complete.
Final Decision
Petition allowed. Orders dated 13-7-2012 and 23-8-2012 quashed. Respondent directed to release the vehicle (MH-15/E-6626 Tavera Jeep) to the petitioner on supurtnama upon furnishing a personal bond of Rs. 5,00,000 with one surety, and an undertaking not to change interior, not to alienate, and to produce vehicle as and when required.
Law Points
- Section 457 CrPC
- interim custody of vehicle
- owner not accused
- preservation of evidence
- conditions for release
