Case Note & Summary
The petitioner, Chandrashekar Sing, filed a Criminal Writ Petition challenging the orders of the learned Magistrate dated 22.03.2006 and the learned 2nd Additional Sessions Judge, Aurangabad dated 16.05.2006. The Magistrate had handed over possession of a truck bearing No. MH34M2411 to respondent Nos. 2 and 3, Anilkumar Ramnagina Jaiswal and Avinash Ramnagina Jaiswal, on a supurtnama bond of Rs. 11,00,000/-. The petitioner contended that the bond amount was meagre and the orders were perverse and erroneous. The High Court heard submissions from both sides. It was confirmed that Regular Criminal Case No. 308 of 2006 was pending before the Magistrate at Aurangabad. The court noted that an earlier order dated 13.07.2006 had directed status quo to be maintained, and respondent Nos. 2 and 3 were in possession of the truck. After considering the submissions, the court found no merit in the petition and dismissed it, holding that the bond amount was adequate and the orders were not perverse.
Headnote
A) Criminal Procedure - Interim Custody of Property - Supurtnama Bond - The court considered the challenge to orders granting interim custody of a truck to respondent Nos. 2 and 3 on a supurtnama bond of Rs. 11,00,000/-. The petitioner argued the bond was meagre and the orders were perverse. The High Court held that the bond amount was adequate and the orders were not perverse, dismissing the petition. (Paras 1-5)
Issue of Consideration
Whether the impugned orders of the Magistrate and Sessions Judge handing over possession of the truck to respondent Nos. 2 and 3 on a supurtnama bond of Rs. 11,00,000/- are perverse and unsustainable.
Final Decision
The Criminal Writ Petition is dismissed. The impugned orders of the Magistrate and Sessions Judge are upheld.
Law Points
- Interim custody of property
- Supurtnama bond
- Adequacy of bond amount
- Pending criminal trial
Case Details
2016 LawText (BOM) (06) 33
Criminal Writ Petition No. 405 of 2006
Mr. Ruchir Wani h/f Mr. A.S. Bajaj for Petitioner, Mr. N.T. Bhagat APP for Respondent No.1, Mr. R.R. Sancheti h/f Mr. R.R. Mantri for Respondent Nos. 2 & 3
Chandrashekar Sing s/o Rampratap Sing
The State of Maharashtra, Anilkumar s/o Ramnagina Jaiswal, Avinash s/o Ramnagina Jaiswal, Shriram Transport Finance Company Limited
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Nature of Litigation
Criminal Writ Petition challenging orders granting interim custody of a truck.
Remedy Sought
Petitioner sought quashing of Magistrate's order dated 22.03.2006 and Sessions Judge's order dated 16.05.2006 handing over possession of truck to respondent Nos. 2 and 3.
Filing Reason
Petitioner contended that the supurtnama bond of Rs. 11,00,000/- was meagre and the orders were perverse.
Previous Decisions
Magistrate's order dated 22.03.2006 and Sessions Judge's order dated 16.05.2006 granted interim custody of truck to respondent Nos. 2 and 3 on bond of Rs. 11,00,000/-.
Issues
Whether the impugned orders granting interim custody of the truck are perverse and unsustainable.
Whether the supurtnama bond amount of Rs. 11,00,000/- is adequate.
Submissions/Arguments
Petitioner argued that the bond amount is meagre and the orders are perverse.
Respondent Nos. 2 and 3 submitted that the truck is in their possession and the criminal case is pending.
Ratio Decidendi
The court found no perversity in the orders granting interim custody on a supurtnama bond of Rs. 11,00,000/- and held the bond amount adequate.
Judgment Excerpts
I have heard the strenuous submissions of Mr. Bajaj...
This Court, while issuing notice to the respondents on 13.07.2006, directed that the statusquo as on the date of the order of this Court, be maintained.
Procedural History
The petitioner filed Criminal Writ Petition No. 405 of 2006 challenging the Magistrate's order dated 22.03.2006 and Sessions Judge's order dated 16.05.2006. Notice was issued on 13.07.2006 with status quo order. The petition was heard and dismissed on 17.06.2016.
