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2011 DIGILAW 698 (RAJ)

Prashant Kumar Prasad v. State of Rajasthan

2011-04-01

MOHAMMAD RAFIQ

body2011
JUDGMENT 1. - The instant criminal misc.petition u/S.482 Cr.P.C. seeks modification of the order passed by the Court of learned Sessions Judge, Jhalawar dated 11/11/2010 whereby, the vehicle Tanker bearing No.RJ.19 GA 3343 has been directed to be released on furnishing bank guarantee of Rs. 8,50,000/-. Petitioner has prayed for modification of the said order that instead of furnishing bank guarantee for the said sum, a direction may be issued for furnishing personal bond in the sum of Rs. 50,000/- with one solvent security. 2. Counsel for petitioner has invited the attention of this Court towards the judgment passed by the Principal Seat at Jodhpur in Richpal Singh v. State of Rajasthan & Another, 2007 WLC (Rajasthan) 509 to argue that the present case is squarely covered by the aforesaid judgment. 3. In the aforesaid case, the Principal Seat while setting-aside the order of the court below for furnishing bank guarantee, modified the order of the said court thereby, petitioner was required to furnish personal bond of Rs. 70,000/- with one solvent surety instead of furnishing the bank guarantee of Rs. 70,000/-. 4. Learned Public Prosecutor has opposed the petition but could not dispute the fact that the present case is covered by the order of the Principal Seat at Jodhpur in Richpal Singh supra. 5. Upon considering the arguments of the learned counsel for petitioner as well as learned Public Prosecutor for the State and upon considering the material on record as well as the case law on the subject, I am inclined to grant the prayer as prayed for by the petitioner in the instant petition u/S.482 Cr.P.C. 6. In the result, this criminal misc.petition u/S.482 Cr.P.C. is allowed. The impugned-order dated 11/11/2010 passed by the Court of Sessions Judge, Jhalawar in Revision No.101/2010 is set-aside and it is modified to the extent that instead of furnishing the bank guarantee of Rs. 8,50,000/- if the petitioner executes a personal bond in the sum of Rs. 8,50,000/- with two solvent securities each in the sum of Rs. 4,25,000/- to the satisfaction of the trial court, the vehicle in question may be given on supurdginama to the petitioner on the conditions stipulated in the impugned-order.Petition Allowed - Condition Modified. *******