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2014 DIGILAW 18 (RAJ)

Indiabulls Housing Finance Ltd v. State

2014-01-02

NISHA GUPTA

body2014
ORDER This Petition under Section 482 Cr.P.C has been filed against the order dated 6.8.2012 passed by the learned Judicial Magistrate (First Class) No.1, Dholpur in Criminal Misc. application no.419/2011 whereby the impugned vehicle has been released on interim custody in favour of the present petitioner imposing condition of furnishing Supardaginama of Rs. 5 lac and a surety for the same amount. The only contention of the learned counsel for the petitioner is that employees of the non-banking financial institutions cannot be expected to give superdginama as they are liable to be transferred or they can relinquish their jobs at any time hence instead of furnishing Supardginama, an undertaking to this effect may be taken from them that whenever the Court directs, the present petitioner will produce the vehicle before the authorities and reliance has been placed on SB Criminal Misc. Petition no.178/2011(Kotak Mahindra Prime Ltd. vs. State of Rajasthan) decided on 28.1.2011 and also on SB Criminal Misc. Petition No. 2033/2010 (HDFC Bank Ltd. vs. State of Rajasthan). Considering the above situation and the fact that in similar petition, the court has already permitted the institution to give an undertaking. Hence the court modifies the impugned order and directs the petitioner to give an undertaking for the same amount with the conditions enumerated in the impugned order. With this direction, this petition is disposed of.