Alabbi Sakil Rasulkhan Vs State of Gujarat

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R/SCR.A/3236/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CRIMINAL APPLICATION NO. 3236 of 2020

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ALABBI SAKIL RASULKHAN Versus STATE OF GUJARAT

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Appearance:

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MR VA MANSURI(2880) for the Applicant(s) No. 1 MR.R.C.KODEKAR APP(2) for the Respondent(s) No. 1 ==========================================================

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CORAM: HONOURABLE MR. JUSTICE R.P.DHOLARIA

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Date : 07/08/2020

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ORAL ORDER

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The petitioner claims to be the owner of truck bearing registration No. GJ-31-T-1816 which has been seized alleged to have been used in transportation of animals. He preferred application for seeking interim custody under Section 451 of the Code of Criminal Procedure before the learned Magistrate, the learned Magistrate granted putting onerous conditions of furnishing Bank Guarantee of Rs. 18 lakhs, which is not feasible and affordable to the petitioner. Therefore, he preferred revision application before the learned Sessions Court, which came to be rejected. Hence, the present petition.

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Learned advocate for the petitioner submits that he could not afford furnish such huge amount of Bank Guarantee and the trcuk is valued Rs.12 lakhs.

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Having heard learned advocates for the respective parties and having gone through the materials available on record, this Court is inclined to modify the condition imposed by the learned Magistrate that the petitioner shall furnish solvent surety as well as personal bond Rs.18 lakhs instead of furnishing Bank Guarantee of Rs.18 lakhs. Rest

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R/SCR.A/3236/2020 ORDER

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of the conditions shall remain unaltered.

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In view of the above, the present application stands disposed of.

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(R.P.DHOLARIA, J)

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TAUSIF SAIYED

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Alabbi Sakil Rasulkhan v. State of Gujarat

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Alabbi Sakil Rasulkhan v. State of Gujarat

Case brief

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