Allowed

Jaikishan v. State of Rajasthan

Rajasthan HC24 Jan 2023CRLR/586/2022

Case brief

AI extract

What is this about?

High Court allowed a criminal revision petition to modify a trial court order, substituting a bank guarantee with solvent security and a personal bond for the interim release of the petitioner's vehicle.

What did the court decide?

The impugned order directing release of the vehicle on bank guarantee is modified; vehicle to be handed over on furnishing solvent security of Rs.1,50,000/- and personal bond.

Jaikishan Vs State of Rajasthan — Property and Title | Rajasthan HC (2023)

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[2023/RJJD/002110]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision Petition No. 586/2022

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Jaikishan S/o Shri Oma Ram Bishnoi, Aged About 22 Years, R/o Dolikallan, P.s. Kalyanpur, District Barmer.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr.	BR Bishnoi
For Respondent(s)	: Mr.	Gaurav Singh,PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment

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24/01/2023

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The instant revision petition has been filed by the petitioner against the order dated 13.4.2022 passed by the learned Special Judge, NPDS Cases No.1, Chittorgarh in Cr. Misc. Case No.232/2022 whereby, the vehicle bearing registration No.RJ39.CA.4420 owned by the petitioner was directed to be released to it on Supardaginama subject to deposit of bank guarantee of Rs.1,50,000/-.

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Learned counsel for the petitioner submits that the condition imposed by the learned court below on the petitioner to deposit a bank guarantee of Rs.1,50,000/- while directing release of the vehicle in interim custody is a harsh condition. He submits that instead of bank guarantee, solvent surety should have been asked

(2 of 3)

[2023/RJJD/002110]

[CRLR-586/2022]

for. He relies on the decision of a Single Bench of this Court in the case of Tasbeer Singh Vs. State of Rajasthan reported in 2003(1) RCC 393 in support of his argument. He thus prays that the condition imposed by the learned trial court deserves to be modified.

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Learned Public Prosecutor has opposed the arguments advanced by the learned counsel for the petitioner.

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Heard and considered the arguments advanced at the bar and perused the impugned order.

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In the opinion of this Court, once the learned trial court decided to release the vehicle in question to the petitioner in interim custody on furnishing Supardaginama, imposing of condition of furnishing a bank guarantee to the tune of Rs.1,50,000/- was unreasonable and too onerous. This is more so because the trial of the criminal case is yet to be conducted. This Court in the case of Tasbeer Singh (supra) held that imposing the condition of furnishing bank guarantee whilst releasing the vehicle on Supardaginama is unreasonable. The said condition was modified and the vehicle was directed to be released on furnishing solvent security and personal bond.

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Accordingly, the revision petition succeeds and is allowed. The impugned order dated 13.4.2022 passed by the learned Special Judge, NPDS Cases No.1, Chittorgarh in Cr. Misc. Case No.232/2022 is modified. Now the registered vehicle of the petitioner bearing registration No.RJ39.CA.4420 shall be handed over to him in interim custody pending disposal of the case upon his furnishing a solvent security of Rs.1,50,000/- (Rs. One Lac fifty thousand) and a personal bond in the like amount to the

(3 of 3)

[2023/RJJD/002110]

[CRLR-586/2022]

satisfaction of the Special Judge, NPDS Cases No.1, Chittorgarh. However, it is made clear that the other conditions imposed by the learned trial court in order dated 13.4.2022 shall remain in force.

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(MADAN GOPAL VYAS),J

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103-CPGoyal/-

Jaikishan v. State of Rajasthan

Case brief

What is this about?

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Jaikishan v. State of Rajasthan

Case brief

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