Surat: The Surat district and sessions court ordered release of muddamal (seized property used in crime or in possession of the accused), in this case a motorcycle, which was seized from the accused in an attempt to murder case, observing that it was not reasonable to keep the vehicle without proper care and maintenance for a longer period.
Prakash Maisuriya (52), a lawyer accused of opening fire at Arvind Solanki on June 20, 2020 in Kamrej, had moved the application before the court for release of his motorcycle (Royal Enfield 350 Classic) which has been in possession of the police for over five months. Maisuriya is accused of attempted murder, under Atrocity Act and various sections of the Arms Act. He is currently out on bail since the past few weeks.
The petitioner, who is also trustee of an educational trust in his Kathor village near Kamrej, sought release of his motorcycle on the grounds that it was his source of earning income and owing to the seizure he was facing financial crunch. He also contended that the vehicle was lying in an open area of Kamrej police station unused. Non-usage is likely to ruin the vehicle and also lead to depreciation in its value, he added.
However, the public prosecutor opposed Maisuriya’s plea stating that there is a likelihood of the accused using the vehicle for purpose of committing a crime.
Court observed, “The vehicle has been lying in the police station since the date of its seizure and the report of the investigation officer does not mention any specific facility at the police station for keeping and maintaining such vehicles. Thus, it would not be reasonable to keep the vehicle without proper care and maintenance for a longer period till the conclusion of trial.”
It allowed Maisuriya’s plea and ordered release of the motorcycle on furnishing personal bond amounting to twice the value of the vehicle. The Court also imposed conditions that accused cannot sell, transfer or alienate the vehicle in any manner, pending the trial and shall produce the vehicle before the authorized officer or Court, as and when called upon.