[2024:RJ-JD:26058]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3967/2024
Chena Ram Jat S/o Ghisa Ram, Aged About 49 Years, R/o Jato
Ka Bas, Village Binawas, Tehsil Bilara, Dist. Jodhpur
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Shailendra Gwala
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MS. JUSTICE REKHA BORANA (VACATION JUDGE)
Order
28/06/2024
1. The petitioner has preferred this criminal misc. petition under
Section 482 Cr.P.C. against the order dated 28.05.2024 passed by
the learned Additional Sessions Judge, Bilara in Criminal Revision
No.11/2024 upholding the order dated 19.04.2024 passed by
learned Civil and Judicial Magistrate, Bilara whereby learned trial
court directed the petitioner to deposit a Bank Guarantee of
Rs.4,08,100/- for release of vehicle Dumper bearing registration
No. RJ-19-GF-7943 on supurdginama.
2. I have heard learned counsel for the petitioner and learned
Public Prosecutor for the State.
3. In view of the guidelines issued by Hon’ble Apex Court in the
case of Sunderbhai Ambalal Desai Vs. State of Gujarat
reported in 2002 (10) SCC 283, this Court deems it fit to allow
this misc. petition.
4. Accordingly, the instant misc. petition is allowed and the
order dated 28.05.2024 as well as order dated 19.04.2024 is
[2024:RJ-JD:26058] [CRLMP-3967/2024]
(2 of 2)
hereby quashed and set aside and the JCB bearing registration No.
RJ-19-GF-7943 is ordered to be released on ‘supardgi’ till the
completion of the trial upon following conditions:-
(a) the petitioner furnishes a personal bond in the sum of
Rs.5,00,000/- with two sureties of Rs. 2,50,000/- each to the
satisfaction of the trial Court undertaking to produce the vehicle in
the Court as and when required to do so.
(b) the petitioner shall get the vehicle photographed showing
the registration number as well as the chassis number. Such
photograph shall be taken in the presence of the Investigating
Officer, to be kept in the file of the case.
(c) the personal bonds of the petitioner and bonds of sureties
shall carry the photographs of the petitioner and his sureties and
the bond of sureties shall further carry the photograph of persons
identifying them before the Court which is with full residential
particulars of the sureties and the persons identifying them.
(d) the petitioner shall undertake not to transfer the
ownership of the vehicle and not to lease it to anyone and not to
make or allow any changes in it to be made so as to make
unidentifiable.
(e) the petitioner will not allow the said vehicle to be used
for any antisocial activities including for the purpose of carrying
narcotics which may constitute offence under the NDPS Act.”
(REKHA BORANA),VJ
50-KashishS/-