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2015 Supreme(Raj) 27

M.N.BHANDARI
Motiram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
Jitendra Singh Rathore, for Petitioner/s;
Sudesh Saini, Public Prosecutor, for State

Hon'ble BHANDARI, J.—By this criminal misc. petition, a challenge is made to the order dated 03rd January, 2015 wherein condition to furnish bank guarantee of Rs.5 lac has been imposed while releasing the vehicle on “Supurdgi”.

2. Learned counsel submits that while releasing the vehicle on “Supurdgi”, condition of bank guarantee cannot be imposed, thus the impugned order deserves to be set aside to the extent of imposition of condition of bank guarantee while releasing the vehicle.

3. Learned counsel for the petitioner has given a reference of judgment of this Court in the case of Heera Chand vs. State of Rajasthan through PP reported in 2011(1) R.Cr.D. 357 (Raj.) wherein the similar condition imposed by the Court below was set aside.

4. A further reference of the judgment in the case of Banshi Lal vs. State of Rajasthan reported in 2010 WLC (Raj.) UC 631 has been given, wherein also, same issue was decided.

5. In the case of Nawab Singh vs. State of Rajasthan reported in 2006(1) RCC 487, the condition to furnish bank guarantee was maintained but the amount was reduced. It was held that no statutory requirement exists for submission of bank guarantee, thus there exists no necessity to











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