The Nagpur Bench of the Bombay High Court has issued an order granting the release of a tractor which was seized in a crime upon the execution of a ‘supurtnama’ bond of Rs 5,00,000. Parshv Tractors, from Mul town in Chandrapur district, represented by its Manager, Virendra Chandrapal Pawar, filed the criminal revision application after being rejected by Additional Sessions Judge, Chandrapur to release the tractor on March 8, 2023. The application has been rejected mainly on the ground that the vehicle is used in the case where an attempt was made using this vehicle on an employee of the Revenue Department by giving a dash using the tractor therefore, the vehicle has evidentiary value.

However, Parshv Tractors contended that they were not the accused in the said crime and that the vehicle’s condition was deteriorating as it remained idle at the Police Station. They proposed conducting a detailed panchnama, along with videography and photographs, to preserve evidence for the trial. Citing legal precedent, including the case of Sunderbhai Ambalal Desai vs State of Gujarat, they argued for the release of the vehicle.

 

The State opposed the application, citing the vehicle’s lack of registration and its evidentiary importance. After considering both arguments, the Court ruled in favor of Parshv Tractors. The order stated that keeping the vehicle idle served no fruitful purpose and stressed the need to address the prosecution’s concerns regarding the evidentiary value of the vehicle. Justice M W Chandwani directed the release of the tractor upon the execution of a ‘supurtnama’ bond of Rs 5,00,000. Additionally, it instructed the Investigating Officer to conduct a detailed panchnama, including photographs and videography, before handing over the tractor. Furthermore, the Court imposed several conditions on Parshv Tractors, including restrictions on altering the description of the tractor and using it for any criminal activities. Adv R M Tahaliyani represented the applicant while Adv Hemlata Dhande appeared for the State.