Narayan Yadav v. the State of Jharkhand
Case brief
What is this about?
The High Court of Jharkhand allowed the petitioner's revision application to modify the condition to deposit Rs. 10,00,000 released the truck. Relying on Sunderbhai Ambalal Desai case, the court held the cash deposit was onerous and directed that the petitioner need not deposit the cash to release the truck, keeping other conditions intact.
What did the court decide?
The condition to deposit Rs. 10,00,000 to release the truck was modified; the petitioner is not compelled to deposit the cash amount.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 30 of 2021
Narayan Yadav …. ….Petitioner -VersusThe State of Jharkhand …. ….Opp. Party CORAM:-HON’BLE MR. JUSTICE RAJESH KUMAR ……. For the Petitioner : - Mr. Suraj Singh, Adv. For the State : - Mr. Prabir Chatterjee, APP
The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities were good.
08/01.07.2021
Heard learned counsel for the petitioner and learned APP.
The petitioner has preferred this application for quashing of the part of the order dated 18.12.2020 passed by the Additional Chief Judicial Magistrate, Latehar in Misc. Cr. Application No. 1272 of 2020 in connection with Chandwa P. S. Case No. 96 of 2020 whereby the petitioner has been directed to deposit money of Rs. 10,00,000/- (Rupees Ten Lac) in order to release the Truck bearing Registration No. WB 37D 2122 as security for the truck.
It has been submitted by the learned counsel for the petitioner by referring to the judgment passed by the Hon’ble Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat reported in (2002) 10 SCC 283 that the condition should not be onerous and as such on the above facts, he prays for modification of one of the condition regarding deposit money of Rs. 10,00,000/- (Rupees Ten Lac), imposed by the Court below for release of the truck. It has been further submitted that the petitioner is ready to comply the rest of the order except deposition of the cash amount which has been directed by the learned Court below as one of the conditions for release of the Truck.
Issues for consideration
2 issues framed by the court
Whether the condition to deposit Rs. 10,00,000 as security for releasing the truck is modified in the view of the Supreme Court judgment in Sunderbhai Ambalal Desai case.
Whether the rest of the conditions of the impugned order should remain intact.
Parties & counsel
- petitioner
Narayan Yadav
- respondent
The State of Jharkhand
Coram
RAJESH KUMAR
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · July
- Registered
- Case no.
- Cr.Rev./30/2021
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