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Rs 15,000 deposit to release bicycle ‘excessive’, court overrules magistrate order, reduces amount to Rs 1,000

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Utkarsh Anand

Posted: Mar 01, 2009 at 0205 hrs IST

New Delhi Why shell out Rs 15,000 for a bicycle when a new one can be bought for Rs 2,000? This is what Pappu argued before a sessions court after a magistrate asked him to deposit Rs 15,000 for getting his bicycle impounded by the police during investigations into a theft case registered in West Delhi last year. 

Left at his wit’s end, he had protested against the order before the magistrate but the judicial officer cited legal provisions to “ensure” protection of a case property. The magistrate maintained that if he wanted his cycle back, he would have to furnish a security bond of Rs 15,000 as precondition of its release.

Aggrieved, Pappu filed a revision petition before a sessions court. The move has paid off — calling the magistrate’s order unreasonable, the judge, in a recent order, reduced the bond money to Rs 1,000.

Allowing Pappu’s plea, Additional Sessions Judge Nivediata Anil Sharma observed that Rs 15,000 as security bond was “definitely” on the higher side and “excessive”, for a new bicycle of a similar make was available for Rs 2,000.

“It is a settle law that not only a vehicle should be released but is to be released on conditions that are just and reasonable,” the judge noted. “No useful purpose is served by keeping the bicycle seized as it is bound to get damaged with time.”

ASJ Sharma also observed that though the condition of a vehicle was not an issue while asking for a bond, the reasonableness of the order is certainly relevant.

Dismissing the prosecution’s contentions that the high amount was kept for securing the bicycle as and when required during the trial, the court held that the magistrate’s order could be said to be suffering from legal infirmity, liable to be set aside.    

ASJ Sharma then modified the magistrate’s order and asked Pappu to deposit Rs 1,000 and retrieve his bicycle. He was also directed to give an undertaking that he will not sell, dispose of or transfer the bicycle till the probe into the case is on and produce it whenever required by court. The court sent the copy of the order to the area SHO and the investigating officer so that they could give back the cycle to Pappu after verifying various details.

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Lower courts by Vaid S C K on 03 Mar 2009

This is a typical case showing the mindset of our lower courts. Common man is totally frustrated and loses faith in our judicial system. Such magistrates are forcing poor people to take recourse to crime and violence. Better if such magistrates are punished by way of bad CR or demotion who are not sensitive to poor's miseries.

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