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2010 DIGILAW 1839 (RAJ)

Heera Chand v. State of Rajasthan through P. P.

2010-11-01

MOHAMMAD RAFIQ

body2010
JUDGMENT 1. - This petition under Section 482 Cr.P.C. has been filed by petitioner assailing order dated dated 29.07.2010 of Additional Chief Judicial Magistrate, Aklera, District Jhalawar, in Criminal Case No.377/2010, whereby while allowing application of petitioner under Section 457 Cr.P.C. imposed a condition of submitting bank guarantee of Rs. 5,00,000/- while taking Tractor Trolley on Supurdginama by petitioner and order dated 03.08.2010 of learned Additional Sessions Judge, Aklera, District Jhalawar, in Criminal revision No.19/2010 whereby he dismissed revision petition of petitioner and confirmed order of trial court. The petitioner is aggrieved of the condition of submitting bank guarantee of Rs. 5,00,000/-. 2. Contention of learned counsel for petitioner is that petitioner is registered owner of the vehicle Tractor bearing No.RJ-28-R-3995; the said vehicle was seized by police in a criminal case bearing FIR No.276/2010 registered at Police Station Aklera for offence under Sections 26, 23, 41, 42, 146 and 196 of Indian Forest Act, and after investigation submitted the charge-sheet. This is the first offence. Petitioner is a poor agriculturist and is not in a position to make the compliance of the condition imposed by trial court. Petitioner would undertake that vehicle will not be used for the purpose of illegal carrying the forest produces, if it released on Supurdginama. It is contended that the vehicle would be damaged as it is lying upon for considerable period. 3. Learned Public Prosecutor opposed the miscellaneous petition. 4. Considering the facts and circumstances of the case, the impugned order 03.08.2010 of revisional court is set aside and impugned condition of submitting bank guarantee of Rs. 5,00,000/- imposed by trial court vide its order dated 29.07.2010 while allowing application under Section 457 Cr.P.C., is substituted. The vehicle shall be handed over to petitioner on his furnishing a 'Supurdginama' in the sum of Rs. 5,00,000/- subject to the condition that in case the vehicle is again found to be used in relation to the offence under the Forest Act, it shall be liable to be confiscated in accordance with the provisions contained in Forest Act. 5. The miscellaneous petition is allowed accordingly.Petition Allowed. *******