Vehicle of accused bought via finance from bank to be released and handed over to the Bank, in case where the vehicle is in Police custody: High Court of Bombay at Nagpur
In the present case, a writ petition is filled by the petitioner Bank has challenged the order dated 14.01.2021 passed by the Add. Sessions Judge, Nagpur the application filed by the petitioner-Bank for release of vehicle was rejected. A single-judge bench comprising of Justice Manish Pitale adjudicating the matter of AU Small Finance Bank Limited v. State of Maharashtra (CRIMINAL WRIT PETITION NO. 221/2021) dealt with the issue of whether to allow the present writ petition or not. The Petitioner it had financed purchase of Vehicle Mahindra Bolero, bearing Registration No. MH-40 KR-1489 by the Respondent. An FIR was registered against Respondent and another accused person for allegedly having caused the death of a person. The Respondent alleged along with other accused person gave a dash to the motor-cycle of the victim while driving the said vehicle and thereafter allegedly caused the death of the victim by assaulting him with stone. Upon registration of FIR and during the course of the investigation, the said vehicle was taken into custody by the Investigating Officer and it has been lying with the police as such. The Respondent was arrested in connection with the said offence registered against him and the other accused person under Section 302 r/w 34 of the Indian Penal Code. The Respondent submitted that if the vehicle is released in favour of the petitioner-Bank, it would most likely be sold and consequently, it will not be available during the course of the trial. The Petitioners submitted that there was an error in passing of the impugned order and that the vehicle ought to have been released by imposing appropriate conditions, for the reason that the petitioner-Bank is admittedly financer of the said vehicle. The Respondents stated that apart from imposing appropriate conditions, a direction may be given to the Investigating Officer to take photograph of the vehicle and to execute a panchnama before releasing the vehicle in favour of the petitioner-Bank. The court held that in the backdrop of the fact that there is no dispute about the petitioner being a financer of the vehicle, there should be no impediment in directing the release of the vehicle in favour of the petitioner by imposing appropriate conditions. According to the facts and circumstances the Session’s Court failed to look in the correct perspective and erroneously rejected the application.
 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 221 2021 PETITIONERS : M s AU Small Finance Bank Limited Formerly known as M s AU Fiananciers India) Limited having its registered office at 19A Dhuleshwar Garned Ajmer Road Jaipur Having its Branch Office at "SAMEEP TOWER" 4th Floor East High Court Road New Ramdaspeth Nagpurthrough its Authorized Person Mr Vijay Ramdas Kamble …VERSUS… State of Maharashtra through Officer in Charge Police Station P.S.Khaparkheda Rajendra Namdeo Pendane aged about Major Occ. Business R o. Bhanegaon H.No.1160 Ward No.3 New Bhanegao Nagpur Accused is in Central Jail Nagpur. RESPONDENT: 1 Shri D.R.Galande Advocate for petitioners Shri Y.B.Mandpe Advocate for respondent CORAM : MANISH PITALE J DATE : 26 07 2021 Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was Heard learned counsel for the petitioner 2 Learned APP waives service of notice on behalf of Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties By this writ petition the petitioner Bank has challenged the order dated 14.01.2021 passed by the Court of Additional Sessions Judge Nagpur whereby the application filed by the petitioner Bank for release of vehicle was rejected. It is the case of the petitioner Bank that it had financed purchase of Vehicle Mahindra Bolero bearing Registration No MH 40 KR 1489 by the respondent No.2. The record shows that on 01.12.2019 FIR was registered against respondent No.2 and another accused person for allegedly having caused the death of a person. The allegation appears to be that respondent No.2 along with other accused person gave a dash to the motor cycle of the victim while driving the said vehicle and thereafter allegedly caused the death of the victim by assaulting him with stone. Upon registration of FIR and during the course of investigation the said vehicle was taken into custody by the Investigating Officer and it has 3 been lying with the police as such. The respondent No.2 was arrested in connection with the said offence registered against him and the other accused person under Section 302 r w 34 of the Indian Penal Code. This Court issued notice in the present petition and the respondent No.2 was served in jail. Despite service he has chosen not to appear before this Court. The respondent No.1 State has filed its reply to the present writ petition. The stand taken by the State is similar to the one taken before the Sessions Court wherein it was submitted that if the vehicle is released in favour of the petitioner Bank it would most likely be sold and consequently it will not be available during the course of trial Mr. Ansari learned counsel for the petitioner submitted that the Sessions Court erred in passing the impugned order and that the vehicle ought to have been released by imposing appropriate conditions for the reason that the petitioner Bank is admittedly financer of the said vehicle. Reliance is placed on 4 various judgments and particularly on the judgment and order dated 18.02.2020 passed by this Court in Criminal Writ Petition No 580 2019. According to the learned counsel for the petitioner in identical circumstances this Court has allowed such an application for release of vehicle Mr. Chutke learned APP appearing on behalf of respondent No.1 State submitted that apart from imposing appropriate conditions a direction may be given to the Investigating Officer to take photograph of the vehicle and to execute a panchnama before releasing the vehicle in favour of the petitioner Considering the facts and circumstances of the present case in the backdrop of the fact that there is no dispute about the petitioner being financer of the vehicle there should be no impediment in directing release of the vehicle in favour of the petitioner by imposing appropriate conditions The Sessions Court in the present case while passing the impugned order failed to appreciate the facts and circumstances 5 in the correct perspective and erroneously rejected the application moved on behalf of the petitioner. There is substance in the contention raised on behalf of the petitioner Bank that this Hon ble Court in the aforementioned judgment and order passed in the case of the petitioner bank itself in Criminal Writ Petition No. 580 2019 in identical circumstances had granted release of vehicle. In view of the above the present writ petition is allowed. The impugned order dated 14.01.2021 is quashed and set aside. The said vehicle shall be released in favour of the petitioner Bank subject to appropriate conditions that may be imposed by the learned trial Court i.e the Court of Additional Sessions Judge 10 Nagpur. Upon the conditions so imposed by the learned trial Court being satisfied by the petitioner the vehicle shall be released forthwith in favour of the petitioner Rule is made absolute in above terms. No order as to JUDGE