B. Abdul Majeed S/o B. Mohammed v. State of Karnataka
2018-05-28
K.N.PHANEENDRA
body2018
DigiLaw.ai
ORDER : Heard the learned counsel for the petitioners as well as the learned High Court Government Pleader for the respondent – State. Perused the records. 2. The petitioners have sought for quashing of Condition No.1 imposed by the learned Principal Sessions Judge, D.K., Mangaluru, in FC PCR No.106/2018 dated 26.03.2018, wherein the learned Principal Senior Civil Judge and JMFC, Belthangady, has imposed certain conditions while releasing the vehicles viz., Lorries bearing Registration Nos.KA-19/D-8924 and KA-19/AA-8150 to the interim custody of the petitioners u/s.457 of Cr.P.C.. These petitions are filed for relaxation of Condition No.1 in respect of Lorries bearing Registration No.KA.19/D.8924 and KA.19/AA-8150, which reads as follows: “(i) The applicant-B.Abdul Majeed in respect of Lorry bearing Registration No.KA.19- D.8924 shall execute indemnity bond in favour of State of Karnataka for Rs.10,00,000/- and shall furnish bank guarantee for the said amount along with local surety for the said amount. (ii) The applicant-Mrs. Akshata R., in respect of Lorry bearing Registration No.KA.19-AA.8150 shall execute indemnity bond in favour of State of Karnataka for Rs.8,00,000/- and shall furnish bank guarantee for the said amount along with local surety for the said amount.” 3. The learned High Court Government Pleader appearing for respondent – State, did not bring to the notice of this court as to whether there is any special provision under MMRD Act to insist for Bank Guarantee by the court. Learned High Court Government Pleader fairly concedes that there is no such provision. The order of the learned Trial Judge also does not disclose that the said vehicle is involved in more than one case, so as to impose such stringent condition of furnishing bank guarantee. No other special reasons have been assigned by the learned Magistrate to impose such stringent conditions. If such conditions are imposed without any valid reasons, the same would amounts to frustration of the order passed by the learned Magistrate. 4. Under the above said circumstances, it becomes a very harsh condition and the order made by the learned Judge may become infructuous by virtue of the said stringent condition imposed by the trial Court. Therefore, it is just and necessary to relax the said condition by imposing necessary and appropriate condition in place of Condition No.1. Hence, the following: ORDER The Writ Petition is allowed.
Therefore, it is just and necessary to relax the said condition by imposing necessary and appropriate condition in place of Condition No.1. Hence, the following: ORDER The Writ Petition is allowed. Condition No.1 imposed in FC PCR No.106/2018 by the learned Principal Senior Civil Judge and JMFC, Belthangady, vide order dated 26.03.2018, is substituted by the following condition: “The applicant-petitioner No.1 shall execute an indemnity bond for a sum of Rs.10,00,000/- (Rupees Ten lakhs only) with one surety for the likesum to the satisfaction of the trial Court for release of the vehicle-Lorry bearing Registration No. KA.19-D.8924.” The applicant-Petitioner No.2 shall execute an indemnity bond in favour of State of Karnataka for Rs.8,00,000/- and shall furnish bank guarantee for the said amount along with local surety for the said amount, in respect of Lorry bearing No.KA.19-AA.8150”’. Rest of the conditions shall remain undisturbed.