1 2026:CGHC:1933 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 329 of 2025 Ghasi Ram Banjare S/o Late Motiram Banjare Aged About 67 Years R/o Village Kera, Police Station Nawagarh, District Janjgir Champa Chhattisgarh ... Petitioner versus State of Chhattisgarh through Station House Officer, Police Station Nawagarh, District Janjgir Champa, Chhattisgarh ... Respondent For Petitioner : Mr. Akhtar Hussain, Advocate For the State : Mr. Anish Tiwari, Government Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 13.01/2026 1. By this petition filed under section 528 of Bhartiya Nagarik Suraksh Sanhita, 2023, the petitioner is seeking a direction for releasing of the Vehicle Bolero CG 12 AJ 1665. 2. The case of the prosecution is that the offending vehicle bearing no. CG-12 AJ 1665 was involved in an accident occurred on 29.07.2018 while it was being driven by one Deepak in rash and negligent manner, as a result of which Shiva Banjare has sustained injuries and during treatment ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.01.15 12:04:58 +0530 2 he has died on 29.07.2018. However, on 3rd day ie., 31.-07.2018, wife of deceased namely Pramila Bai was examined us 161 of the CrPC in which she has alleged that murder of her husband has been caused pursuant to which offence u/s 302 of IPC was registered wherein the petitioner who is the owner of the vehicle was also accused among four persons. 3. The charge sheet has been filed and after recording the evidence of witnesses, the learned trial Court by its judgment dated 14.06.2019 acquitted the petitioner Ghasiram Banjare and two other accused Ramkhilawan @ Gudva and Puniram Banjare and ordered the concerned Jail Superintendent to release them. With respect to driver Deepak, he was convicted u/s 302 IPC and sentenced to undergo life imprisonment with fine of rs.5000/-. 4. Against the judgment of trial court, accused Deepak has filed Criminal Appeal bearing Cr.A. No.964/2019. This Court by judgment dated 25.10.2024 partly allowed the appeal preferred by accused Deepak and converted his conviction from Section 302 of the IPC to section 304-A of IPC and sentenced him to undergo imprisonment for two years, which he had already undergone. 5. However, regarding handing over the offending vehicle to its registered owner, the trial Court at para 48 held as under : ्ቚकरण में ज्቎शुदा बोलेरो वाहन ्ቅमांक सी जी - 12/AJ 1665 उसके पंजीकृ त स्वामी को अपील अवधि प्ቐात् अपील ना होने पर दी जावे। अपील होने पर माननीय अपीलीय न्यायालय के आदेश अनुसार व्ययन किकया जावेगा 6. Learned counsel for the petitioner submits that during trial he has not filed any suprudama application for release of the vehicle and this petitioner has also remained in jail during trial for more than two years and 3 eventually he was acquitted of the charge under section 302 read with section 120-B. The trial court has now refused to accept his supardnama application. The petitioner is the registered owner of the Vehicle. He further submits that in view of the observation made by the trial Court at para 48, this Court shall decide the matter regarding releasing the vehicle. 7. In view of the fact that after the trial, all the appeals have been decided, it is directed that the custody of the Vehicle Bolero CG-12/AJ 1665 shall be handed over to the registered owner on his furnishing relevant documents showing his ownership of the vehicle before the concerned police authority. 8. Accordingly, this petition is allowed. Sd/- (Sanjay Kumar Jaiswal) Judge Rao