Chandan Singh vs State Of Uttarakhand And Another

Pankaj Purohit, J

Delay in filing the counter affidavit is condoned. Counter affidavit filed by the State is taken on record. Delay Condonation Application (IA/1/2023) made therefor, is allowed.

By means of the present C482 application, the applicant has put to challenge the impugned order dated 17.03.2020 passed by learned Additional Sessions Judge, Bageshwar, in Sessions Trial No.8 of 2019 State Vs. Harish Singh @ Hariom and Others, for the offence punishable under Section 302 IPC, whereby, the application moved by the applicant for release of the vehicle involved in the crime, has been rejected.

I have perused the judgment and order impugned in the present C482 application. The reasons which have been stated by the learned Additional Sessions Judge for rejecting the release application of applicant are that the trial has been concluded and vide judgment and order dated 22.11.2019, it has already been observed that the case property shall be disposed of after the expiry of the period of filing the appeal or after the conclusion of the appeal in case any appeal is filed.

It is admitted to the parties that a criminal appeal has already been preferred against the judgment and order dated 22.01.2019 before this High Court.

This Court does not find any infirmity in the impugned judgment and order passed by learned Additional Sessions Judge. The present C482 application is misconceived and is accordingly dismissed. However, the applicant may file an application for release of vehicle involved in crime, before the learned Appellate Court.