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SCR.A/105/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 105 of 2010
=========================================================
LAEEQ
ANSAR KHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
EE SAIYED for
Applicant(s) : 1,MRNASIRMSAIYED for Applicant(s):1,
MR KP RAVAL,
APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 02/02/2010
ORAL
ORDER
Rule.
Learned APP Mr. K.P. Raval
waives service of Rule for respondent No.1, State of Gujarat.
Petitioner
is original accused. He had filed an application No.11/2009 seeking
custody of muddamal truck seized by the police in connection with a
criminal case in which the petitioner is one of the accused.
Learned
Additional Sessions Judge, Valsad by his impugned order dated
21.12.2009, ordered release of truck on several conditions.
Condition No.1 was that the petitioner, till the criminal case is
disposed of or till further orders, shall during 1st
and 5th
of every month continuously deposit the amount equivalent to monthly
installment of repayment to the finance company from whom previous
owner had obtained loan for purchase of the truck. Conditions No.2
to 5 provides that he shall not sell or transfer the vehicle and
shall maintain the same in proper condition. The main condition of
the order is that he shall provide
bond of Rs.10 lacs with one solvent security.
In
the present petition, the petitioner has challenged the first
condition namely that of depositing installment amount every month
with the Court of Chief Judicial Magistrate, Valsad.
Counsel
for the petitioner submitted that the condition is too harsh. The
petitioner had purchased the vehicle after paying full consideration.
In any case requirement of maintaining the vehicle in same condition
as well as not transferring the same are imposed. Further, condition
of providing security of Rs.10 lacs is also to be fulfilled. He,
therefore, requested for cancellation or modification of the said
condition.
I
have also heard learned APP for the State.
Considering
the factual aspects involved in the matter and bearing in mind the
fact that the petitioner is otherwise also required to give security
of Rs.10 lacs and not to transfer or sell the vehicle during the
pendency of the trial, additional condition of continuous deposit of
the installment amounts would be onerous. Same is modified by
providing that the petitioner shall deposit 50% of the installment
amount every month. To the above extent, condition No.9(1) is
modified. Rest of the conditions remain unchanged. Disposed of
accordingly. Direct service is permitted.
(Akil
Kureshi, J.)
menon
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