The Court quashed the impugned order modifying the bank guarantee amount from Rs.3,00,000/- to Rs.1,50,00/- for releasing a seized commercial vehicle under Section 482 Cr.P.C..
The bank guarantee condition reduced from Rs. 3,00,000/- to Rs. 1,50,00/- pending performance.
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[2024:RJ-JD:6267]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 622/2024
Pappu Khan S/o Moti Khan, Aged About 45 Years, R/o Ruparel, Piplaj Baya Kherwa, Dist. Ajmer.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. B.L. Choudhary For Respondent(s) : Mr. Shrawan Bishnoi, P.P.
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
06/02/2024
This criminal misc. petition has been filed under Section 482 Cr.P.C. for quashing and setting aside the order dated 05.09.2023 passed by learned Additional Chief Judicial Magistrate, Sojat District Pali in FIR No.171/2023 registered at Police Station Sojat City, District Pali, (for short, ‘learned trial Court’) vide which the learned trial Court, while releasing the vehicle (Pick-up bearing No. RJ21 GD 7128) on supurdagi, directed the petitioner to furnish bank guarantee of Rs.3,00,000/-.
[2024:RJ-JD:6267]
[CRLMP-622/2024]
(2 of 2)
an excessive bank guarantee of Rs.3,00,000/-, on the petitioner. Learned counsel for the petitioner submits that the FIR was lodged under Sections 279 and 337 of the IPC wherein the vehicle in question was seized. It is submitted that the petitioner is a poor person and he is unable to comply with the above said condition of furnishing bank guarantee of Rs.3,00,000/-. Therefore, it is submitted that this criminal misc. petition may be allowed and the condition imposed by the learned trial Court may be quashed and set aside.
(MADAN GOPAL VYAS),J
378-Bharti/-
1 issue framed by the court
Whether the condition of furnishing a bank guarantee of Rs.3,00,000/- imposed by the lower court for releasing a seized commercial vehicle is excessive and needs modification?
1 provisions across 1 enactments
Pappu Khan
State of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
