The High Court upheld the requirement of a surety bond for vehicle release but removed the mandatory bank guarantee condition. The court found the bank condition unjustified given the Apex Court's precedents.
The condition of bank guarantee of Rs. 2,00,000/- was removed; the surety bond condition remains operative.
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.
[2024:RJ-JP:5631]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 347/2023
Sardar S/o Shri Bhanwar Lal Gurjar, Aged About 35 Years, R/o Village Ralawata, Tehsil Kishangarh, District Ajmer (Raj).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Devanshu Sharma For Respondent(s) : Mr. Atul Sharma, PP
HON'BLE MR. JUSTICE SUDESH BANSAL Order
02/02/2024
been heard finally on merits.
[2024:RJ-JP:5631]
[CRLMP-347/2023]
(2 of 3)
[2024:RJ-JP:5631]
[CRLMP-347/2023]
seized and in view of judgments of the Apex Court in A.A.Ali (supra) and the judgment of Coordinate Bench of this Court in case of Ramesh Kumar (supra), this Court finds that the condition of bank guarantee of Rs. 2,00,000/- is onerous and unjustified, therefore, this Court, in exercise of its inherent powers under Section 482 Cr.P.C., deems it just and proper to modify the impugned order and remove the condition of bank guarantee of Rs. 2,00,000/-, rest part of impugned order shall remain operative.
also stand(s) disposed of.
(SUDESH BANSAL),J
RONAK/381
1 issue framed by the court
Whether the condition to furnish a bank guarantee of Rs. 2,00,000/- for release of the seized vehicle is onerous and unjustified.
Colour shows how this judgement treated each authority
Jaiprakash Vs. National Insurance Co. Ltd.Referred¶20
Jaiprakash Vs. National Insurance Co. Ltd. [(2010) 2 SCC 607] · Who else cites this
State of Kerala V. A.A.AliRelied on¶21
State of Kerala V. A.A.Ali [(2019) 14 SCC 800] · Who else cites this
Ramesh Kumar V. State of RajasthanRelied on¶21
Ramesh Kumar V. State of Rajasthan [(2007) 1 Cr.L.R. (Raj) 799]
1 provisions across 1 enactments
Sardar S/o Shri Bhanwar Lal Gurjar
State Of Rajasthan
Sudes Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
