Research › Search › Judgment

Rajasthan High Court · body

2006 DIGILAW 2389 (RAJ)

Union Roadways Ltd. v. State of Rajasthan

2006-08-01

H.R.PANWAR

body2006
JUDGMENT 1. - By the instant criminal miscellaneous petition under Section 482 Cr.P.C., the petitioner has assailed the order dated 10.10.2001 passed by the Chief Judicial Magistrate, Sirohi (for short, The trial Court" hereinafter) in Criminal Misc. Case No. 166/1998, whereby the trial Court directed to release 98 steel-sheets, two covers and the Fixed Deposit Receipts of the recovered amount to the petitioner on furnishing bank guarantee of Rs. 6 lac. 2. Learned counsel for the petitioner submits that there is no other person claiming the aforesaid items and the amount and as such imposing the condition of furnishing banK guarantee of Rs. 6 lac is onerous and the same may be modified by allowing the petitioner to furnish solvent security for Rs. 6 lac. 3. Having regard to the facts and circumstances of the case and considering the fact that there is no other person claiming delivery of the steel-sheets, two covers and amount deposited in the Fixed Deposit Receipts, etc., the impugned order directing the petitioner to furnish bank guarantee appears to be a condition onerous and, therefore, in my view, the ends of justice would be met if the condition of giving bank guaranteed is modified by directing the petitioner to furnish solvent security for Rs. 6 lac. 4. In the result, the order impugned dated 10.10.2001 passed by the trial Court in Criminal Misc. Petition No. 166/1998 is modified to the extent that instead of furnishing bank guarantee for Rs. 6 lac, the 98 steel- sheets, two covers and the amount recovered and deposited under Fixed Deposit Receipts may be released in favour of the petitioner on furnishing solvent security for Rs. 6 lac with one surety of the like amount to the satisfaction of the trial court.With the above modification, the criminal miscellaneous petition stands disposed of.Petition Disposed of as Above. *******