Partly allowed

Dharamsingh S/O Sitaram , v. State of Rajasthan

Rajasthan HC3 Sept 2024CRLMP/5199/2024

Case brief

AI extract

What is this about?

The court modified an order of the Revisional Court that had released seized agricultural machinery to the petitioner subject to furnishing a bank guarantee. Considering the petitioner's financial status and the utility of the tractor for agriculture, the court deleted the bank guarantee condition.

What did the court decide?

Condition requiring furnishing of bank guarantee of Rs.5,50,000/- deleted; seized tractor and trolley released on supurdagi subject to rest of original conditions.

Dharamsingh S/O Sitaram , Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JP:36930]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 5199/2024

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Dharamsingh S/o Sitaram, Aged About 41 Years, R/o Bharja Nadi, Police Station Malarna Doongar, District Sawai Madhopur.

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----Petitioner

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	Versus
1.	State Of Rajasthan, Through P.p.
2.	District Forest Officer, Ranthambhore, Tiger Project, Sawai Madhopur.
3.	Station House Officer, Police Station Kotwali, Sawai
	Madhopur.

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----Respondents

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For Petitioner(s)	: Mr. Ishan Mishra, Adv.
	Mr. Rajendra Prasad Jogi, Adv.
For Respondent(s)	: Mr. Vivek Choudhary, Dy. GA

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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03/09/2024

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This Criminal Miscellaneous Petition has been filed by the petitioner for modification of the order dated 25.07.2024 passed by Special Judge SC/ST (Prevention of Atrocity) Cases, Sawai Madhopur in Criminal Revision No.43/2024 (56/2024), whereby the Revisional Court set aside the order dated 13.06.2024 passed by the trial Court allowed the revision petition and ordered to release the seized tractor No.RJ-25-RB-8509 alongwith trolley on Supurdagi provided that petitioner furnishes a bank guarantee of Rs.5,50,000/- together with one Supurdaginama and one Jamanatnama of the like amount on certain conditions as mentioned in the order dated 25.07.2024.

[2024:RJ-JP:36930]

[CRLMP-5199/2024]

(2 of 2)

Learned counsel for the petitioner submits that the petitioner is the registered owner of the vehicle in question. During the rainy and sunny season, seized tractor and trolley are required by him for agricultural purposes. The revisional Court although has released the vehicle in question on supurdagi but imposed the condition requiring the petitioner to furnish the bank guarantee of Rs.5,50,000/-. The petitioner is a poor person, hence the impugned order be modified and the aforesaid condition requiring the petitioner to furnish the bank guarantee of Rs.5,50,000/- be deleted.

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Learned Public Prosecutor appearing for the State has opposed the same.

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I have heard learned counsel for the parties and perused the relevant material on record.

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Taking into consideration the facts and circumstances of the case, order dated 25.07.2024 passed by the Revisional Court is modified. The condition imposed by the revisional court vide order dated 25.07.2024 requiring the petitioner to furnish the bank guarantee of Rs.5,50,000/- is deleted. Rest part of the order dated 25.07.2024 shall remain the same. The present petition stands disposed of accordingly.

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(NARENDRA SINGH DHADDHA),J

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Jatin /238

Dharamsingh S/O Sitaram , v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dharamsingh S/O Sitaram , v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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