The single-judge bench held that imposing a bank guarantee condition for interim custody of a vehicle pending trial is onerous and contrary to law, modifying the lower court order to waive this requirement.
The petition was allowed waiving the condition to furnish a bank guarantee; the lower court order was modified.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:40752]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 439/2022
Smt. Laxmi Kanwar D/o Sh. Shaitan Singh, Aged About 21 Years, B/c Rajput, R/o Chandan, Teh. And Dist. Jaisalmer Through Power Of Attorney Holder Bhakar Ram S/o Sh. Rajuram, Aged 36 Years, B/c Bishnoi, R/o Village- Dholia, Post Lathi, Teh. Pokaran, Jaisalmer (Raj.).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Vikram Singh For Respondent(s) : Mr. SK Bhati, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
24/11/2023
Sainaba Vs. The State of Kerala & Anr .
[2023:RJ-JD:40752]
[CRLMP-439/2022]
(2 of 2)
(FARJAND ALI),J
528-divya/-
1 issue framed by the court
Whether the condition of furnishing a bank guarantee of Rs. 15 lacs for interim custody of a vehicle pending trial is lawful.
Colour shows how this judgement treated each authority
Sunderbhai Ambalal Desai Vs. State of GujaratRelied on¶15
AIR 2003 SC 638 · Who else cites this
Sainaba Vs. The State of Kerala & AnrRelied on¶15
Sainaba Vs. The State of Kerala & Anr
Smt. Laxmi Kanwar
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
