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Case Study Notes For 451 and 457 CRPC

case study notes for 451 and 457 crpc

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14 views

Case Study Notes For 451 and 457 CRPC

case study notes for 451 and 457 crpc

Uploaded by

akashsharma200310
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Rajendra Prasad v.

State of Bihar, (2001) 10 SCC 88

1. Leave granted.

2. We are not deciding the title of the vehicle or the correctness of the rival versions of the
transactions. To prevent the vehicle from deteriorating at the Police Station, we are temporarily
entrusting it to the appellant, the name-holder in the registration certificate. This is until the Court
orders disposal after the trial. The trial court is directed to release the vehicle to the appellant on
these conditions:

(a) The appellant must produce the original registration certificate or a duplicate with verification
from the R.T.O.

(b) The appellant shall execute a bond of Rs. 2 lakhs with two solvent sureties to ensure the vehicle
is produced in Court when required.

3. The appeal is disposed of accordingly.

Ashok Kumar v. State of Bihar, (2001) 9 SCC 718

1. Leave granted.

2. To avoid keeping the vehicle in the court compound indefinitely, we decide to entrust it
to the registered owner under certain conditions. We direct the court currently holding
the vehicle to release it to the appellant on these conditions:

(a) The appellant shall execute a bond of Rs. 1,00,000 with two solvent sureties to the
satisfaction of the Chief Judicial Magistrate, Muzaffarpur.

(b) The appellant must prove he is the registered owner of the vehicle.

(c) The appellant shall ensure his son Deepak Singh does not use the vehicle until the
prosecution case against him is disposed of and file an undertaking to that effect.

(d) The appellant shall produce the vehicle before the court or other authorities as
directed.

(e) The appellant shall not transfer or part with possession of the vehicle until the case
is disposed of.

3. The appeal is disposed of accordingly.

Ramesh Chand Jain v. State of Haryana, (2007) 15 scc 126

3. The appellant, claiming to be the registered owner of Truck No. HR 38 BG 6131, sought
interim custody of the truck from the Judicial Magistrate, Ist Class, Palwal. On 28-11-
1999, the Magistrate rejected this request and directed the truck be released to
Respondent 2, the guarantor. After a second application was also rejected on 23-12-1999,
the appellant approached the Sessions Judge, Faridabad.
4. On 11-2-2000, the Sessions Judge modified the Magistrate's order, allowing the
appellant interim custody of the truck on the condition that he exonerate Respondent 2
and his wife from the bank guarantee and furnish a security of Rs. 4 lakhs.

5. The appellant petitioned the High Court under Section 482 of the Code of Criminal
Procedure, challenging the conditional release. The High Court of Punjab and Haryana
rejected this petition on 14-1-2000.

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