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2002 Supreme(Chh) 46

FAKHRUDDIN
BHAGWATI SHANKAR SAHU – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Advocates Appeared:
BHASKAR PRASAD VAISY, SANJAY KUMAR AGARWAL

FAIZAN UDDIN, J.

( 1 ) SHRI Bhaskar Pyasi, Advocate, for the petitioner. Shri Sanjay K. Agarwal, Deputy Advocate General, for the State. With the consent of the parties the matter is heard finally.

( 2 ) THE facts emerged in this petition are to the effect that an accident had taken place and a matador having registration No. M. P. 23-D/9380 was seized for the offence punishable under Sections 279, 337 and 338 of the Indian Penal Code and challan was filed before the concerned Magistrate. Learned trial Magistrate vide order dated 19-10-2000 imposed a condition of furnishing bank guarantee of Rs. 50,000. 00 for getting the offending vehicle on supurdnama. Feeling aggrieved by the imposition of such condition the applicant preferred a Criminal Revision No. 51/2000 before the Additional Sessions Judge who vide order dated 8-12-2000 confirmed the order dt. 19-10-2000. Thereafter the applicant again moved an application under Section 451 of the Cr. P. C. relying on a decision reported in 2001 (1) MPJR 292, Sivaram Singh v. State of M. P. for review of the order dt. 19-10-2000. Said application has been rejected by the trial Court vide order dt. 16-3-2002. Feeling aggrieved by the order d










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