[2025:RJ-JP:4939] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2329/2024 Smt. Asha Jain Wife Of Shri Rodmal Jain, Aged About 49 Years, Resident Of 204, Jda Colony (Talai), Ganpatpura Road, Bhankrota, Ajmer Road, Jaipur Raj. ----Petitioner Versus State Of Rajasthan, through Public Prosecutor, Jaipur, Raj. ----Respondent For Petitioner(s) : Mr. Yogesh Sharma Mr. Ratan Kumar Kaushik Mr. N.C. Sharma For Respondent(s) : Mr. Amit Punia, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA Order 04/02/2025 1. This criminal misc. petition has been filed by the petitioner for custody of ornaments seized during investigation as the learned Court below was dismissed the application filed by the petitioner. 2. Learned counsel for the petitioner submits that the ornaments seized during investigation belongs to the petitioner and the learned Court below has dismissed the application for custody of the same considering the fact that the petitioner- applicant is yet to be examined and the ornaments may be required at the time her examination. 3. Learned counsel also submits that now the petitioner has already been examined by the learned trial Court on 19.10.2024 and the ornaments are no more required for any purposes. [2025:RJ-JP:4939] (2 of 2) [CRLMP-2329/2024] 4. Learned counsel has also placed reliance upon the judgment passed by the Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat reported in (2002) 10 SCC 283. 5. Learned Public Prosecutor does not dispute the fact that the ornaments belongs to the petitioner. 6. On consideration of submissions made by counsel for the petitioner and considering the fact that the ornaments belongs to the petitioner, the same deserves to be released to the petitioner. 7. Accordingly, the present criminal misc. petition is allowed and the ornaments which have been marked as Article 1 and 2 and were seized by Ex.P-9 to P-11 be released to the petitioner as there is no other complaint. Conditions to the satisfaction of the trial Court may be imposed while released the ornaments. 9. Pending application, if any, also stands disposed of. (GANESH RAM MEENA),J Ashish Kumar /54