JUDGEMENT
GOVERDHAN BARDHAR,J. -
(1.) The matter is taken up for hearing through video conferencing.
(2.) The defects pointed out by the Office are waived at this stage.
(3.) Heard learned counsel for the parties. Learned counsel for the petitioner submitted that the
issue involved in the present petition is identical to the case of
Man Singh Meena vs. State of Rajasthan & Anr. (S.B.
Criminal Misc.Petition No.1977/2020) whereby the
Coordinate Bench of this Court allowed the petition vide order
dated 02.06.2020. Learned counsel submitted that this petition be
decided in terms of the order passed in the aforesaid petition.
Learned counsel for petitioner has also placed reliance
on the judgment passed by this court in Asharam Vs. State of
Rajasthan, SB Criminal Misc. Petition No.2723/2019 along with
connected matters, decided vide order dated 3rd February, 2020
wherein the following order has been passed:
"14. In view thereof, the impugned orders passed by the Courtsbelow dated 30.3.2019, 21.10.2019, 3.10.2019,10.10.2019, 8.11.2019, 25.4.2019 and 8.4.2019 in each of the case shall stand set aside and this court directs as under:-
a) The concerned Police Station shall release the tractor and trolley to the person, who is the registered owner of the vehicle alone.
b) The release of the tractor and trolley shall be subject to the condition subject to the condition that the concerned owner shall get both the tractor and the trolley registered with the transport authorities and also obtain due permit within a period of one month from the date of release and deposit the copy with the concerned Police Station.
c) A personalsecurity of an amountof Rs.1,00,000/- to the satisfaction of the concerned Court to which the concerned Police Station is attached, shall be submitted for the purpose of release of the vehicle.
d) The petitioner shall keep the vehicle so released intact and shall not change its identification. The petitioner shall produce the vehicle as and when trial Court requires the same for proposed identification of the case property.
e) The petitioner shall furnish the photographs of the vehicle showing its number and colour etc.
f) At the time of release, the petitioner shall also give an undertaking to the effect that vehicle shall not be used for any illegal purpose and if so found, the concerned owner shall be personally liable.";
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