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Rajasthan High Court · body

2005 DIGILAW 2238 (RAJ)

Pooran Singh v. State

2005-08-24

N.K.JAIN

body2005
JUDGMENT 1. - The petitioners have filed this Cr. Misc. Petition under Section 482 Cr.PC. against the order dated 25th July, 2005 passed by the Addl. Sessions Judge, Dholpur in Criminal Revision No. 78/05 whereby the Sessions Judge partly allowed the revision petition of the petitioners against order dated 12.7.05 passed by Judicial Magistrate No. 2, Dholpur and reduced the amount of bank guarantee from Rs. 50,000/- to Rs. 35,000/-. 2. Learned counsel for the petitioners submits that the petitioners are registered owner of the Tractor No. RJ-11-R-5902 with trolly. The vehicle in dispute was seized and a case was registered against one Mahesh for the offence under Section 29/51 of the Wild Life (Protection) Act, 1972. He submits that an application under Section 457 Cr.P.C. was filed before the learned Magistrate wherein it was prayed that their vehicle be released on Supurdginama. The Judicial Magistrate First Class No. 2, Dholpur vide its order dated 12.7.05 allowed the application of the petitioner under Section 457 Cr.PC. and passed an order to deliver the Tractor with trolly on furnishing the Supurdginama of Rs. 2 lacs and the bank guarantee of Rs. 50,000/- of any nationalised bank. The other conditions were also imposed in the order dated 12.7.05. The counsel for the petitioner submits that there is no statutory requirement to furnish bank guarantee. The petitioner is a poor person and will face great difficulty in preparing bank guarantee. The petitioner is prepared to furnish Supurdginama of the amount as per order dated 12.7.05. 3. The learned PP does not dispute that there is no statutory requirement about filing any bank guarantee as directed by the lower court. His submission is that to secure the presence of the vehicle as and when called upon to do so, this condition has been imposed by the lower court which is just and reasonable. 4. I have considered rival submissions and examined the impugned order. When there is no statutory requirement about filing bank guarantee then there is no necessity to impose such a condition while releasing Tractor with trolly under Section 457 Cr.PC. Such conditions are imposed only to see that vehicle is produced before the Court as and when an order is passed in this regard. If amount of surety or Supurdaginama is not adequate, then it can be increased. 5. Such conditions are imposed only to see that vehicle is produced before the Court as and when an order is passed in this regard. If amount of surety or Supurdaginama is not adequate, then it can be increased. 5. In these circumstances I allow this petition and set aside the condition relating to furnishing of bank guarantee by the petitioner vide order dated 12.7.05 passed by Judicial Magistrate, which was modified vide order dated 25.7.05 by the Addl. Sessions Judge, Dholpur. The Tractor and trolly will be released or handed over to the petitioner on his furnishing Supurdginama for a sum of Rs. 2 lacs as directed by the lower court. The other conditions as mentioned in the order dated 12.7.05 will remain as it is. The lower court will be free to enhance the amount of Surety/Supurdginama up to Rs. 3 lacs if it thinks fit and proper in the facts and circumstances of the case. 6. The Cr. Misc. Petition stands disposed of in the manner as stated above.Petition disposed of as above. *******