Petition under Section 482 Cr.P.C. to delete the condition of furnishing a bank guarantee for release of seized trailer. Court waived the bank guarantee condition, modifying the impugned orders.
Condition to furnish bank guarantee of Rs. 5,00,000/- waived; vehicle to be released on Supardginama.
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[2025:RJ-JP:26826]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4351/2022
Puran S/o Budhha, R/o Kumher Gate, Dhau Bali Haweli, Town Weir, Tehsil Weir, District Bharatpur.
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Rajeev Kumar Sharma For Respondent(s) : Mr. Shree Ram Dhakar, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
17/07/2025
By the instant misc. petition under Section 482 Cr.P.C., petitioner has prayed for deleting condition of furnishing bank guarantee worth Rs.5,00,000/- for release of seized vehicle i.e. trailer No. RJ-05-GB-2474.
It is submitted by learned counsel for the petitioner that, at the first instance, learned trial Court imposed the aforesaid onerous condition for release of vehicle in question and thereafter the learned Revisional Court has also affirmed the same, which is contrary to law. Learned counsel has also argued that the condition for furnishing bank guarantee be waived and the vehicle in question be ordered to be released on submission of Supardginama. In support of his contention, learned counsel for the petitioner has placed reliance on Banshi Lal V/s. State of Rajasthan V/s. State of Rajasthan [2010 WLC (Raj.) UC
[2025:RJ-JP:26826]
[CRLMP-4351/2022]
(2 of 2)
631] and Prahlad V/s. State of Rajasthan [2010 WLC(Raj) UC 408].
Per contra, learned Public Prosecutor has opposed prayer of the petitioner and has submitted that both the courts below have rightly imposed condition of furnishing bank guarantee for release of vehicle and as such both the orders are not liable to be tinkered with in exercise of inherent jurisdiction. In alternative, learned Public Prosecutor submits that if the Court is inclined to waive the condition of furnishing bank guarantee then a supardginama of adequate amount be solicited from the petitioner in the interest of justice.
Having heard leaned counsel for the parties and taking into account the law laid down by this Court, the impugned order passed by learned trial Court and affirmed by the learned revisional Court is modified and the condition imposed by both the courts below for release of vehicle in question to furnish bank guarantee worth Rs.5,00,000/- is waived.
The petition is, accordingly, disposed off.
(PRAVEER BHATNAGAR),J
Keshav/225
1 issue framed by the court
Whether the condition of furnishing a bank guarantee for the release of a seized vehicle should be waived?
Colour shows how this judgement treated each authority
Banshi Lal v. State of RajasthanRelied on¶14
Banshi Lal V/s. State of Rajasthan V/s. State of Rajasthan [2010 WLC (Raj.) UC 631]
Prahlad v. State of RajasthanRelied on¶18
Prahlad V/s. State of Rajasthan [2010 WLC(Raj) UC 408]
1 provisions across 1 enactments
Puran S/o Budhha
State Of Rajasthan
PRAVEER BHATNAGAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
