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2006 DIGILAW 793 (RAJ)

Ummed Khan v. State of Rajasthan

2006-03-08

GOPAL KRISHAN VYAS

body2006
Judgment G.K. Vyas, J.-Heard learned Counsel for the petitioner. 2. Issue notice Shri Upadhyay, learned Public Prosecutor accepts notice. 3. At the outset, Counsel for the petitioner invited attention of the Court towards order dated 02.02.2006 passed by this Court in S.B. Criminal Misc. Petition No. 127/2005, Brij Lal vs. State of Rajasthan and submits that the present case is squarely covered by the order passed by this Court in the case of Brij Lal vs. State of Rajasthan. 4. In the aforesaid case, the question of imposition of the condition of furnishing bank guarantee was considered in the light of the decision of the Supreme Court in State of Karnataka vs. K. Krishnan, reported in 2000 CrLR 657 (SC). It was submitted before this Court in that case that identical shrubs and trees grow in the agricultural fields also as in the forests in the State of Rajasthan which is the main source of kitchen fire in the rural Rajasthan. It was, therefore, argued that the faggot wood collected in the fields for kitchen fire should not be misnomered for forest produce. 5. Since, this Court felt sufficient force in the argument of the Counsel for the petitioner in the case of Brij Lal vs. State of Rajasthan, without going into the question whether the goods being transported in the seized vehicle was forest produce of tree that being the question to be decided at the trial, it was opined that the impugned condition of furnishing bank guarantee is onerous in the facts and circumstances of the case. 6. I have perused the impugned order. In the interest of justice, the condition imposed by the Court below in the impugned order dated 28.02.2006 for furnishing bank guarantee of Rs. 4,00,000/-is set aside. The petitioner is directed to execute personal bond in the sum of Rs. 4,00,000/-and furnish one solvent security in the like amount to the satisfaction of the Additional Chief Judicial Magistrate, Nohar. The further stipulations laid by the Court below in the impugned order shall, however, operate in respect of the superdginama. 7. With aforesaid modification in the impugned order dated 28.02.2006, the petition stands