1. - Petitioner has challenged the order dated 7.8.2004 passed by the learned Addl. Sessions Judge No. 2 Bundi, whereby he partly allowed the revision petition and imposed bank guarantee of Rs. five lac in release of the vehicle preferred against the order dated 15.7.2004 passed by the learned Judl. Magistrate, Nainwa, Distt. Bundi, whereby the application filed under Section 451 and 457 CrP.C. by the petitioner for releasing the Truck 'Supurdagi' was dismissed.

2. The petitioner is the owner of the Truck bearing No. RJ-20/G5533 which was seized by the Forest Department. Since, the Truck was seized, the petitioner moved an application for "Supurdagi". But vide order dated 15.7.2004 the said application was dismissed. Subsequently, vide order dated 7.8.2004 the learned Addl. Sessions Judge, No. 2, Bundi, partly allowed the revision petition filed by the petitioner but imposed a bank guarantee of Rs. five lac for release of the truck.

3. Learned counsel for the petitioner has contended that the vehicle in question could be released only on 'Supurdagi' and there is no need to furnish any bank guarantee.

4. Learned PP does not dispute the contention of the learned counsel for the petitioner that there is no statutory requirement for furnishing any i bank guarantee.

5. We have considered the submissions made by the learned counsel for the parties and perused the material on record as also the impugned judgments.

6. In view of the decision given in SB Cr. Misc. Petition No. 1328/2005 Ram Babu v. State of Rajasthan decided by this Court on 24.10.2005, we allow this Cr. Misc. Petition. Since, the truck was seized by the Forest Officials, Distt. Dholpur as the sand was being transported from the Chambal Area and as there is no statutory requirement about filing of bank guarantee then there is no necessity to impose such a condition while releasing a vehicle under Section 457 Cr.PC. Such condition can only be imposed to secure production of the vehicle in question before the Court as and when an order is passed in that regard. If amount of surety or supurdaginama' is not adequate then it can be increased.

7. Under the circumstances mentioned above, the condition of furnishing a bank guarantee by the petitioner is set-aside. The truck shall be released or handed over to the petitioner Gopal Lal son of Daulat Ram on his furnishing 'supurdaginama' of Rs. 2,00,000/- each.Petition disposed of as above.

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